Supreme Court
– Photo: ANI
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Overturning the decision of the High Court, the Supreme Court has maintained the status of Aligarh Muslim University as a minority institution. The constitutional bench of seven judges of the Supreme Court has given this decision with a majority of 4-3. The bench headed by Chief Justice DY Chandrachud, comprising CJI DY Chandrachud, Justice Sanjeev Khanna, Justice JD Pardiwala and Justice Manoj Mishra, gave its verdict in favor of maintaining the status of a minority institution of Aligarh Muslim University as per Article 30 of the Constitution.
The Supreme Court had reserved its decision on February 1.
The bench comprising Justice Surya Kant, Justice Dipankar Dutta and Justice Satish Chandra Sharma gave the opposite decision. In the year 2006, Allahabad High Court in its decision did not consider Aligarh Muslim University as a minority institution. A petition was filed in the Supreme Court against the decision of the High Court, on which, after completing the hearing, the Supreme Court reserved the decision on 1 February.
In the year 2019, a three-judge bench of the Supreme Court had sent the case to a seven-judge bench. During the hearing, the question raised was whether a university, which is administered by the government, can claim to be a minority institution? In the year 1967, in the case of Aziz Basha vs. Republic of India, a five-judge bench of the Supreme Court had also rejected the minority status of Aligarh Muslim University. However, in the year 1981, the government again restored the status of minority institution of the university by amending the AMU Act.
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