Aligarh University Can’t Be Minority Institution, Centre Tells Supreme Court

New Delhi: Given its ‘national character,’ Aligarh Muslim University cannot be a minority institution, the Centre on Tuesday told the Supreme Court, which began hearing the hugely disputed question of the minority status of AMU.

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It said AMU is not and cannot be a university of any particular religion or religious denomination as any university which has been declared an institution of national importance cannot be a minority institution. In his written submissions filed before the top court, Solicitor General Tushar Mehta said the university has always been an institution of national importance, even in the pre-independence era, PTI reported.

The university was founded in 1875.

“Therefore, as per the submission of the Union of India, the Aligarh Muslim University (AMU) is an institution of a national character. A survey of the documents surrounding the establishment of the Aligarh Muslim University and even the then existing legislative position enunciates that the AMU was always an institution having a national character,” the document said.

What the court said

  • A university which was and is clearly an institution of national importance, has to be a non-minority university.
  • AMU is not a university dominantly functioning as a Muslim university as it is not established and administered by the minority.
  • A minority educational institution is not required to implement the reservation policy under section 3 of the Central Educational Institution (Reservation in Admission) Act, 2006 (as amended in 2012).
  • Despite being an institution of national importance with other institutes of national importance, Aligarh Muslim University would have a separate admission procedure.
  • A large national institute like Aligarh Muslim University ought to maintain its secular origins and serve the larger interest of the nation first.
  • The process of amendments to the law, and the understanding of the character of AMU being national and non-minority has been clear.

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