The Supreme Court on Friday decided to refer the case related to minority status of Aligarh Muslim University to a new bench and set aside the 1967 judgment which had said that the university cannot be considered a minority institution as it was established under a Central law. Was done.
Chief Justice DY Chandrachud, delivering the majority verdict, laid down the parameters for considering the issue of minority status of AMU.
The Supreme Court, in a 4:3 majority, said the judicial record of the case should be presented before the Chief Justice so that a fresh bench can be constituted to decide on the validity of the 2006 Allahabad High Court judgment.
In January 2006, the High Court had struck down the provision of the 1981 law under which AMU was given minority status. As the court proceedings began, Chief Justice Chandrachud said there were four separate opinions, including three dissenting judgements.
The Chief Justice said that he and Justice Sanjiv Khanna, Justice J.B. The majority verdict is written for Pardiwala and Justice Manoj Mishra.
Justice Chandrachud said that Justice Surya Kant, Justice Dipankar Dutta and Justice Satish Chandra Sharma have written separate dissenting judgments. Justice Surya Kant is delivering his dissenting judgement.
A five-judge Constitution bench had ruled in 1967 in the S Aziz Basha vs Union of India case that since AMU is a central university, it cannot be considered a minority institution.
However, the prestigious institution regained its minority status when the AMU (Amendment) Act was passed by Parliament in 1981.
