With the number status, the Aligarh Muslim University tin supply up to 50% preservation for Muslim students. (Express Archives)
A seven-judge Constitution Bench of the Supreme Court, successful a 4:3 bulk ruling, overruled the Allahabad High Court’s determination successful the S Azeez Basha vs Union of India lawsuit connected however a number quality of an instauration is determined, thereby paving the mode for Aligarh Muslim University (AMU) to get the tag.
The Bench, presided by the Chief Justice of India D Y Chandrachud, was proceeding a plea connected a notation that arose from a 2006 verdict of the Allahabad High Court which held that AMU, established done an imperial authorities successful 1920, was not a number institution.
Without number status, AMU volition person to statesman implementing preservation policies for some teachers and students successful a akin mode arsenic different nationalist universities. If this presumption is granted, the assemblage tin supply up to 50% preservation for Muslim students. Currently, AMU does not travel immoderate preservation policies of the state. However, it does person an interior preservation policy, wherever 50% of seats are reserved for students who person studied successful its affiliated schools oregon colleges.
This issue, which is implicit fractional a period old, was erstwhile decided earlier the Supreme Court erstwhile a five-judge Constitution Bench held that AMU was not a number institution. The court, successful 1967, had referred to the Aligarh Muslim University Act, 1920, which established the assemblage and held that AMU was neither established nor administered by the Muslim assemblage — a request for number acquisition institutions nether Article 30 (1) of the Constitution.
The Act was amended successful 1981 to authorities that the assemblage had been “established by the Muslims of India”. In 2005, the assemblage reserved 50% of seats successful postgraduate aesculapian courses for Muslim students.
As such, the Allahabad High Court had struck down the preservation argumentation and the 1981 amendment aft which, the verdict was challenged successful the Supreme Court.