New Delhi: The NDA government’s tinkering with administration of Central universities across the country became evident on Friday with the filing of a fresh affidavit in the Supreme Court that the Aligarh Muslim University (AMU), a Central university, cannot be granted minority status.
With the matter coming up for hearing on April 4, the Centre in its affidavit made it clear that since AMU was set up by a parliamentary enactment, any such special privilege on religious grounds would be “contrary to the country’s secular policy”.
The Centre has decided to withdraw the earlier special leave petition in the top court in this regard filed by the UPA government which, along with the AMU, had challenged a verdict of the Allahabad high court, holding that the university cannot have minority status as the Supreme Court judgment in 1967 in the Azeez Basha rejecting conferment of minority status had attained finality.
The Centre has also taken the stand that conferring minority status to AMU or any institution set up by a parliamentary enactment or state enactment would be contrary to Article 15 of the Constitution, which prohibits discrimination by state on grounds of religion.
The AMU matter is pending in the Supreme Court after the Allahabad high court in January 2006 had struck down the provision of the AMU (Amendment) Act, 1981, by which the status of a minority institution was accorded to AMU by the then Indira Gandhi government.
The human resources development ministry had in 2005 allowed the university to reserve 50 per cent seats at all levels for Muslims.
The university is currently giving 50 reservation to internal students which means 50 per cent of seats at under-graduation are reserved for pass outs from its own constituent schools while similar quota is available at PG levels for AMU graduates irrespective of religion.
According to the Centre, minority status to AMU and Jamia Millia Islamia universities is “unconstitutional” and “illegal” since these two government-run institutions were discriminating against Scheduled Castes, Scheduled Tribes and Other Backward Classes by using the minority tag.
There was a speculation that the NDA government may not withdraw the SLP filed by the earlier UPA government after a delegation from AMU, led by the vice-chancellor, Lt. Gen. Zameer Uddin Shah, on March 5 met Prime Minister Narendra Modi and sought the NDA government’s support in restoring the varsity’s “minority” status. But now the Centre has taken a stand not to grant special status to Aligarh Muslim University.
