The majority ruling stated that a standard three-judge bench would decide the matter of AMU minority status.
According to the bench, in order to ascertain whether an organization is a. The requirements for minority institutions examined is who founded the organization.
This non-minority-led administration will not eliminate the minority character of an institution, according to the ruling of the Supreme Court. It further maintained that minority education can be regulated by the government. institutions, provided that it does not violate the minority status of such an organization.
The majority opinion was written by the CJI for both himself and Justices Sanjiv. Manoj Misra, JD Pardiwala, and Khanna. Judges Satish Chandra Sharma, Dipankar Datta, and Surya Kant provided dissenting opinion. The Supreme Court’s decision was based on a reference from the 2006 the Allahabad High Court’s ruling, which stated that AMU was not a minority institution.
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Five judges made up the Constitution bench in the S. Azeez Basha v. Union case. of India case in 1967 determined that AMU regained its minority status as a Central university after Parliament passed the 1981’s AMU (Amendment) Act.
But in January 2006, the High Court of Allahabad invalidated the clause of the 1981 legislation that gave the university the status as a minority. Later, the UPA government at the center, led by the Congress, went to the highest court in an appeal against the ruling of the Allahabad High Court. The separate petition against it was also filed by the university.
In 2016, the BJP-led NDA government informed the Supreme Court that it will revoke the appeal that the former UPA government filed. On February 12, 2019, the case was referred to a seven-judge bench by the top court.
As the seven-judge panel heard the case, Solicitor General Tushar. Speaking on behalf of the Center, Mehta informed the Supreme Court that there was no minority rights or minority concept in 1920. The AMU Act was introduced in 1920.
According to the Union government, an organization of national. Minority status cannot be granted because it would imply that. Several segments of the population would not be able to access the institution society and would not include SC, ST, or SEBC reservations.
