Ankita Garkoti Senior Content Writer
Senior Content Writer
Shadan Farasat, representing one of the petitioners advocating for AMU's minority status, argued that if AMU loses its status as a Muslim minority institution, it could adversely affect the higher education opportunities available to Muslim women.
New Delhi: On January 11, 2024, the Supreme Court emphasised that the Aligarh Muslim University's status as a minority institution is of little significance to the public, as the institution has continued to maintain its stature as an Institute of National Importance even without the minority label.
The court highlighted that the purpose of Article 30 of the Constitution is not to segregate minorities but to address the right of minorities to establish and administer educational institutions.
Addressing the contentious issue of AMU's minority status, the apex court also considered the potential impact on the 2006 Allahabad High Court verdict, invalidating the provision of the 1981 amendment Act granting the university minority status.
The bench pondered on whether declaring the S Azeez Basha versus Union of India case as wrongly decided would alter the scenario. In the 1967 case, a five-judge constitution bench ruled that being a central university, AMU could not be classified as a minority institution.
The bench, including Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma, remarked that the institution's continued significance without the minority tag raises the question of its relevance to the public.
The observation pointed out that, essentially, it is the institution's brand name, AMU, that matters rather than its classification as a minority or non-minority institution. Advocate Shadan Farasat, representing one of the petitioners advocating for AMU's minority status, argued that before the Basha judgement, the university was recognized as a minority institution.
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The Apex Court said in an April 2006 order, which was referred to by Farasat "As regards all other matters regarding appellant institution, status quo will be maintained from the filing of the writ petition before the high court”.
On the third day of the hearing, Farasat emphasised that the Muslim minority status of AMU is crucial in the context of women's education. He argued that if AMU loses its status as a Muslim minority institution, it could adversely affect the higher education opportunities available to Muslim women.
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AMU Courses & Eligibility
| Course | Eligibility |
|---|---|
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| M.Tech | Graduation with 60% |
| BA {Hons.} | 10+2 with 50% |
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