AMU: SC admits petition challenging Allahabad HC judgment
New Delhi, July 6 (UNI) The Supreme Court today admitted a petition challenging the judgment of Allahabad high court dated Jan.5,2006 holding that the Parliament was not competent to amend an ordinary Act.
A bench comprising Justices K G Balakrishnan and D K Jain also stayed the operation of the impugned judgment on a petition filed by Aligarh Muslim University, (AMU) Old Boys' (Alumni) Association against the impugned judgment of the high court.
The apex court had already admitted AMU petition challenging the high court judgment holding that AMU is not a minority institution.
The Supreme Court had directed the AMU not to implement its order providing 50 per cent reservation for the candidates belonging to minority community while directing that AMU would, however, continue to enjoy the status of a minority institution.
The high court single judge vide judgment dated Oct. 4,2005 had held that 1981 amendment brought by the union government was an attempt to overreach the Supreme Court which in 1968 had ruled that AMU was not a minority institution.
The impugned judgment came on a special appeal by AMU against the single judge judgment in which the present petitioner had moved an intervention application.
The 1981 Amendment Act was introduced in Parliament just to rectify the stand taken by the union government before the apex court that AMU was not a minority institution.
According to the petitioner association, the 1981 amendment in the AMU Act was in line with the sentiments of the Muslim community in the country. AMU is an historical institution having about 17000 students on its rolls and about 1000 teachers.
The court directed that the petition would be heard along with main petition.
The petitioner was represented by counsel Bahar Barqi and Indeevar Goodwill.
UNI AKS/SC RP KN1901