Anwarulhaq
New Delhi- In a signifcant development, the Supreme Court on Tuesday emphasized that an educational institute is not prohibited from enjoying minority status merely because it is regulated by a statute. The observation came during the hearing of a case concerning the minority status of the Aligarh Muslim University (AMU) – Aligarh Muslim University Through its Registrar Faizan Mustafa v Naresh Agarwal and ors.
The Constitution Bench, led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma, clarified that Article 30 of the Constitution, which deals with the right of minorities to establish and administer educational institutions, does not necessitate absolute administration by a minority group to claim such a status.
“In Article 30, we do not have to postulate that administration by the minority has to be absolute, and in a regulated society, we cannot have think of the same, where all parts of our lives are regulated in some way or another. So being regulated by a statute does not detract it from having a minority status,” remarked CJI DY Chandrachud.
The case revolves around the parameters for granting minority status to educational institutions under Article 30 and raises questions about whether a centrally-funded university established by parliamentary statute could be designated as a minority institution.
AMU, initially considered a Central University by the Supreme Court in 1968, had its minority status reinstated through an amendment to the AMU Act. This move was challenged before the Allahabad High Court, which declared it unconstitutional, leading to appeals by AMU before the Supreme Court.
Senior Advocate Rajeev Dhavan, representing AMU, argued for a reconsideration of the 1968 judgment, emphasizing that the university’s purpose was to provide access to education for Muslims. He underscored the institution’s diverse character, accepting students of all religions, while maintaining its unique Muslim character.
The Solicitor General Tushar Mehta, representing the Central government, objected to AMU framing the matter as a reconsideration of the Azeez Basha case, emphasizing changes in regimes and the need to follow Parliament’s will.
The hearing is set to continue tomorrow, as the Supreme Court delves into the intricate details of the case and evaluates the parameters for granting minority status to educational institutions under Article 30 of the Constitution.