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NEW DELHI, Nov. 8, 2024 (TBINN)
Supreme Court today deferred the question of Aligarh Muslim Unversity’s Minority Status to a new bench and overruled the 1967 Judgement that said the university cannot be considered a Minority Institution since it was created by a Central Law.
In a majority verdict headed by Chief Justice of India D.Y. Chandrachud, the bench laid down tests for considering the issue of A.M.U.’s Minority Status.
The 4:3 majority Judgment authored by C.J.I. Chandrachud, also on behalf of Justices Sanjiv Khanna, J.B. Pardiwala and Manoj Misra, said, “The view taken in Azeez Basha (1967 verdict) that an educational institution is not established by minority if it derives its legal character through a statute, is overruled.”
A five-judge Constitution bench in the S Azeez Basha v. Union of India in 1967 said A.M.U. was a Central University and couldn’t be considered a minority institution.
“The question of whether A.M.U. is a minority educational institution must be decided based on the principles laid down in this judgement,” C.J.I. said.
The outgoing C.J.I. asked the case’s judicial records to be placed before the regular bench, after receiving instructions from the C.J.I. on the administrative side, for deciding issue on the Minority Status besides adjudicating appeals against a 2006 Verdict of Allahabad High Court.
In January, 2006, High Court had struck down the provision of 1981 Law, by which, A.M.U. was accorded the Minority Status.
At the outset, C.J.I. Chandrachud said there were four separate opinions, including three dissenting verdicts.
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