Daily News Analysis » January 2024 » Aligarh Muslim University’s Minority Character: 10 Jan, 2024

Aligarh Muslim University’s Minority Character: 10 Jan, 2024

Origins of AMU:

  • 1875: AMU traces its roots to the Muhammadan Anglo-Oriental (MOA) College established by Sir Syed Ahmad Khan.
  • The college was established to provide Western education alongside Islamic theology, aiming to uplift the educational status of Muslims and prepare them for government services.
  • 1920: It was granted university status, becoming Aligarh Muslim University.

 

Meaning of ‘Minority Character’ in Education:

  • Under Article 30(1) of the Indian Constitution, religious and linguistic minorities have the right to establish and administer educational institutions.
  • This provision ensures non-discrimination in providing aid to institutions based on their minority status.

 

Supreme Court’s Stance on AMU’s Minority Status:

  • The legal debate over AMU’s minority status began with the 1967 case of ‘S. Azeez Basha vs Union of India’.
  • The Supreme Court ruled that AMU was not established by the Muslim minority and hence could not claim the status of a minority institution.
  • It emphasized that AMU was set up through a central Act and was not solely operated by Muslims.

Persistent Legal Issues:

  • 1981: An amendment to the AMU Act explicitly recognized its minority status.
  • 2005: AMU’s reservation policy for Muslim candidates in postgraduate courses was challenged and overturned by the Allahabad High Court, which also nullified the 1981 Act amendment.
  • 2006: The Supreme Court received petitions, including one from the Union government, challenging the High Court’s decision.
  • 2016: The Union government withdrew its appeal, asserting that a minority institution cannot be set up by the government in a secular state.

Why in News:

  • The Supreme Court of India has begun hearing a case concerning the minority status of Aligarh Muslim University (AMU).