No Appeal, AMU All Set to Lose its Minority Tag

Rohatgi told the Bench headed by Justice J S Khehar, “I changed my mind two months ago.

Published: 05th April 2016 06:09 AM  |   Last Updated: 05th April 2016 06:09 AM   |  A+A-

NEW DELHI: The row over minority status of the Aligarh Muslim University (AMU) on Monday intensified with the Centre informing the Supreme Court that it would withdraw the appeal filed by the earlier government challenging the Allahabad High Court verdict holding the AMU as a non-minority institution. Attorney General Mukul Rohatgi told the Bench headed by Justice J S Khehar, “I changed my mind two months ago. I am distancing myself from the AMU,” on the Centre’s decision to withdraw the appeal and distance itself from the AMU.

Explaining the reason behind the Centre’s stand, the top law officer submitted that since the AMU was set up by a Central Act, in 1967, a five-judge Constitution Bench had in the Aziz Basha judgment held it as a Central university and not a minority institution. He added that in 1981, an amendment was brought to accord the university minority status which was held unconstitutional by the HC. “You cannot override the Aziz Basha judgment. Union of India’s stand is that according minority status to AMU would be contrary to the Aziz Basha judgment and it still holds good,” Rohatgi told the Bench, which permitted the Centre to file an application along with an affidavit within eight weeks to withdraw the appeal filed by it.

The AMU, represented by senior counsel P P Rao, will file the counter-affidavit to the Centre’s stand.

The case dates back to 2006 when the Allahabad High Court had struck down the provision of the AMU (Amendment) Act, 1981, by which the university was accorded minority status. The Division Bench of the High Court had upheld the order of its single judge passed in 2005 by which it termed as unconstitutional the granting of minority status to the AMU and 50 per cent reservation to Muslims in 2004.

The issue of AMU’s minority status also came up before another Bench headed by CJI T S Thakur, which was hearing a separate matter on the challenge of appointment of AMU V-C Lt General (retd) Zameeruddin Shah.

Govt okay with  hc’s ’06 ruling

The case dates back to 2006 when the Allahabad High Court had struck down the provision of the AMU (Amendment) Act, 1981, by which the university was accorded minority status.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp