The Supreme Court on Friday overturned its 1967 order that said the Aligarh Muslim University (AMU) couldn’t be considered a minority institute as it was a central university. It will defer the question of AMU's minority status to a fresh bench.
The seven-judge bench led by CJI DY Chandrachud delivered four separate judgments on the issue if the Aligarh Muslim University enjoyed a minority status under Article 30 of the Constitution, which empowers religious and linguistic minorities to set up and administer educational institutions.
The bench, by a 4:3 majority, ruled that the Aligarh Muslim University is entitled to a minority status under Article 30. “A minority institution must be established, and administered by a minority,” the Supreme Court said.
Pronouncing the majority verdict, Chief Justice D Y Chandrachud also laid down tests for considering the issue of minority status of AMU.
The court said a new three-judge bench would be setup to decide the validity of the 2006 Allahabad High Court verdict that held that AMU, set up through an imperial legislation in 1920, was not a minority institution. The HC verdict overturned the provision of the 1981 law by which AMU was accorded minority status.
The apex court said the judicial records of the case should be placed before the CJI for setting up a fresh bench.
On his last working day, CJI DY Chandrachud wrote the majority judgment, while Justices Surya Kant, Dipankar Datta and SC Sharma dissented.
The seven-judge bench had earlier reserved its verdict on the question on February 1 after hearing arguments for eight days.
(With inputs from agencies)
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