AMU to remain a minority institution: SC

New Delhi, Apr 24: The Aligarh Muslim University (AMU) will continue to be a minority institution in terms of the 1981 constitutional amendment.

A bench comprising Mr Justice K G Balakrishnan and Mr Justice D K Jain while issuing notices on a petition filed by AMU and the Centre to the respondents referred the matter to a five-judge constitution bench.

The Supreme Court, while admitting the petition filed by AMU and the Centre, directed that the status of AMU as on date of filing of the writ petition in Allahabad High Court would continue till further orders. Earlier, senior counsel Soli Sorabjee and Rajiv Dhawan, appearing for the University, pleaded that the impugned Allahabad High Court order seeks to do away with the minority character of the institution which it had been enjoying since its inception in 1920.

The petitioner counsel also pleaded that the AMU has started several theological courses and if the operation of the impugned High Court judgement was not stayed it will create other problems for AMU.

The petitioners also pleaded that the very name Aligarh Muslim University suggested that it was a minority institution.

The court, however, directed that the condition of reservation of 60 per cent seats for Muslim students in AMU would not be implemented for the academic year 2006-07. Counsel for the respondent students Naresh Agrawall and others, however, pleaded that before High Court even the minority institutions of the university was under challenge.

The respondent also pleaded that the 1981 amendment was aimed at circumventing earlier Supreme Court order holding that AMU was not a minority institution as it was set up by a Central Act of legislation.

Additional Solicitor General Gopal Subramanyam appearing for the Centre, however, supported AMU's stance saying that if the impugned order was not stayed whatever status the AMU have been enjoying till 1981 when the Parliament enacted constitutional amendment would come to naught.

Following the Allahabad High Court judgement, protests were organised by several bodies including a strike at the AMU.

The Supreme Court has restored its minority institution status by passing the directions that it would continue to enjoy the status on the date of filing of the writ petitions in the High Court.

UNI