The Supreme Court docket on February 12, 2019 referred the petition searching for withdrawal of minority position of the Aligarh Muslim College to a 7-judge bench.
A three-judge bench headed by Chief Justice of India Ranjan Gogoi referred the issue to the larger sized bench to figure out the correctness of minority position of AMU and to determine the parameters for granting minority standing to the establishment.
The Matter of Aligarh Muslim University’s Minority Status
The Congress-led United Progressive Alliance federal government experienced moved a petition in the Supreme Court towards a 2006 Allahabad Large Court Judgement which mentioned that the Aligarh Muslim University (AMU) was not a minority institution. The college administration experienced also filed a independent petition from the Substantial Court verdict.
In January 2006, the Allahabad Large Courtroom had struck down the provision of the Act by which the college was accorded the minority position.
Even so, the ruling Bharatiya Janata Party Govt in 2016 withdrew the petition indicating that the College was not a minority establishment.
The BJP cited the ruling of a 5-choose Structure bench in 1968 in the Aziz Basha circumstance which held that AMU was a “central university” and not a minority institution. It was just after this 1968 ruling that the AMU (Modification) Act, 1981 arrived into force.
The AMU Act of 1981 grants AMU the minority standing and Article 15 (5) of the Constitution exempts minority institutions from implementing constitutional reservations underneath the SC/ST classification.
Previously in July 2018, the Uttar Pradesh Scheduled Caste and Scheduled Tribe Commission dominated that the university was not a minority establishment and requested it to make clear why it does not give reservation to Scheduled Caste and Scheduled Tribe communities.