SC verdict on AMU minority status: University celebrates ‘historic’ verdict

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Aligarh Muslim University. File.
| Photo Credit: Sandeep Saxena

A wave of celebration pervaded Aligarh Muslim University after the Supreme Court judgment on Friday (November 8, 2024) affirmed the right of the central university to seek minority status. Vice Chancellor Prof. Naima Khatoon said, “We humbly accept the judgment of the Constitution Bench and are discussing the details with our legal experts.”

By overruling the Azeez Pasha verdict of 1967, the Constitutional Bench had paved way for the granting of minority status to the varsity, Prof. Khatoon said. “We will continue to work hard to maintain our status as a centre of excellence.”

Speaking to The Hindu, former V-C Prof. Mohammad Gulrez, who was closely associated with the case, said, “We believe we have the documents that are required to fulfil the indicia laid down by the SC for the granting of minority status.”

Thanking the top court for defining the spirit of Article 30, Prof. Gulrez said, the Article would be diluted if it were applied prospectively only to those institutions established after the Constitution came into effect. He pointed out that the majority view of the Bench also cleared the confusion over incorporation and establishment. “Merely because AMU was incorporated by legislation would not mean that it was not established by a minority.” The judgment would impact all minority institutions and not just AMU, he added.

Also read: Tracing the roots of Aligarh and its famous university, often hailed as a mini-India

Noting that the constitution of a three-judge bench to decide on the minority status of AMU was a technical compulsion, Prof. Gulrez hoped the bench would clear the minutiae of the status. “At present, there is no reservation for Muslims in academic courses [in AMU],” he said.

Prof. Khatoon and Prof. Gulrez, along with senior teachers, were in the SC premises when the judgment was pronounced.

Meanwhile, the AMU Teachers’ Association (AMUTA) described the verdict as a historic judgment. “It reaffirms AMU’s unique character and acknowledges its foundational purpose of serving the educational aspirations of the Muslim community while remaining inclusive of all sections of society,” a release issued by AMUTA secretary Dr. Obaid Siddiqui said.

Looking forward to the speedy resolution of the minority character case as per the norms set by the Constitutional Bench, Dr. Siddiqui said, “We have full faith in the judiciary and the Constitution of our country that recognises not only the diverse plurality of all our compatriots but also the diverse rich traditions we carry that make us vibrant, competitive and rank in lists of excellence globally.”

Students celebrated the day by distributing sweets at the university gate. Welcoming the judgment, former AMU Students’ Union president Salman Imtiaz said the varsity fulfilled the criteria set by SC for the minority status. “We will host a tea party on the campus on Saturday,” he said.

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