NEW DELHI: The Aligarh Muslim University (AMU) on Tuesday opposed in the Supreme Court, the present government’s decision to withdraw an appeal filed by the UPA regime in 2006 challenging the Allahabad High Court verdict which said the AMU was not a minority institution. It claimed that the change in stance by the Centre was politically motivated.
The 2006 High Court order struck down an 1981 amendment to the Aligarh Muslim University Act (1920) which said the institution was established by Muslims and thereby permitted 50 per cent reservation for the community in the university.
The amendment had sought to erase a 1967 judgement by a Constitution Bench of the Supreme Court in the Azeez Basha case, which had stated that the AMU was not a minority institution. The Centre has sought 3 weeks to file a reply.
The 61-page affidavit said, “The decision taken after a change of government at the Centre by the present NDA government led by a member of the BJP does not appear to be a sound decision based on cogent and valid reasons, but one based on political considerations.”
The AMU affidavit quoted the Centre’s affidavit as saying, “simply asserting that the AMU has been established by the minority community is an illegitimate usurpation of judicial power.”
It said such a plea on the part of the “executive wing of the State accusing Parliament of illegitimate usurpation of judicial power is unconstitutional, highly irreverential and irresponsible apart from being ex facie improper. It amounts to contempt of Parliament”.