In a significant case, a Constitution Bench of the Supreme Court of India, led by Chief Justice DY Chandrachud, is scheduled to commence hearings on Tuesday, January 9, regarding a plea filed by Aligarh Muslim University (AMU) seeking to maintain its minority institution status.
The pivotal question before the seven-judge bench is whether an educational institution, established through a parliamentary statute, is entitled to claim Minority Status under Article 30 of the Indian Constitution.
The distinguished bench includes Justices Sanjiv Khanna, Surya Kant, JB Pardiwala, Dipankar Datta, Manoj Misra, and Satish Chandra Sharma. It is noteworthy that Justice Sanjay Kishan Kaul, who was initially part of the bench, retired on December 25, 2023.
The legal battle dates back to 2005 when AMU reserved 50% of seats in postgraduate medical courses for Muslim candidates, asserting its minority institution status. However, this reservation was challenged and set aside by the Allahabad High Court. Subsequently, in 2006, both the Union government and AMU appealed against the High Court's decision before the Supreme Court.
In a surprising turn of events in 2016, the National Democratic Alliance (NDA) government withdrew from the appeal, contending that it did not recognize the minority status of Aligarh Muslim University. This move added a layer of complexity to the ongoing legal dispute.
Now, with the reconstituted bench set to address the core issue, the legal community and stakeholders are keenly watching the proceedings. The outcome of this hearing will not only impact AMU's status but may also establish a precedent regarding the applicability of Minority Status to educational institutions created by parliamentary statutes.
Case: Aligarh Muslim University Through its Registrar Faizan Mustafa vs. Naresh Agarwal and Ors.
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