Jamia is minority institution, rules Commission

New Delhi, Feb 22 (PTI) Jamia Milia Islamia Universitywas today granted minority institution status by the NationalCommission for Minority Educational Institutions, a first forany central university which will allow it to reserve up to 50per cent seats for Muslims.

"We have no hesitation in holding that Jamia wasfounded by the Muslims for the benefit of the Muslims and itnever lost its identity as a Muslim minority educationalinstitution," chairman the commission Justice M.S.A. Siddiquisaid in his judgement.

The varsity will no longer have to give reservation toSC and ST students following the ruling by the Commission, aquasi-judicial body, on the petitions by Jamia Students Union,Jamia Old Boys Association and Jamia Teaches Associationfiled in 2006 seeking minority status for the varsity.

Jamia became a Central University by an Act ofParliament in 1988.

Siddiqui said Jamia would continue to enjoy theCentral University status and the only "minority centraluniversity" in the country given its unique character.

"We find and hold that Jamia Milia and Islamia is aminority educational institution covered under Article 30 (1)of the Constitution of India with section 2(G) of the NationalCommission for Minority Educational Institutions Act," thejudgement said.

The institute was founded even before the Constitutionwas in place, it said.

"No other reservation would be binding on thevarsity," said counsel for the petitioners in the case TariqueSiddiqui, citing Article 15 (5) of the Constitution.

Jamia was established for the purpose of keepingMuslim education in Muslim hands, entirely free from externalcontrol. Thus the Muslim community brought Jamia intoexistence in the only manner in which a university could bebrought into existence, the judgement said.

After delivering the judgement, Justice Siddiqui toldreporters, "We decided the case within the legal parameters".

The Commission in its judgement held that: "on aconjoined reading of section 2(O) and 4 of the Jamia MiliaIslamia Act along with the history and facts and events whichled to the Establishment of Jamia, we have no hesitation inholding that Jamia was founded by the Muslims for the benefitof the Muslims and it never lost its identity as a Muslimminority educational institutions".

The other members of the commission are MohinderSingh and Cyriac Thomas.

The intervener in the case was Confederation ofMuslims Educational Institutions of India while the responderswere the vice chancellor of Jamia, the HRD and MinorityAffairs Ministry.