- The Supreme Court has overturned its 1967 judgment in the Azeez Basha case, potentially restoring AMU’s claim to minority institution status.
- The Supreme Court held that institutions established before the Constitution are entitled to Article 30 protections if their purpose primarily benefits minorities.
- Minority status is not forfeited if the administration includes non-minority members or focuses on secular education.
- Legal formalities like central recognition do not negate an institution’s minority character.
- Article 30(1) guarantees religious and linguistic minorities the right to establish and manage educational institutions.
- Article 30(2) ensures equality in state-provided aid to educational institutions, irrespective of their minority status.
- Article 15(5) says minority institutions are exempt from providing reservations for Scheduled Castes and Scheduled Tribes and may reserve up to 50% of seats for students from their own community.
| Aligarh Muslim University (AMU) AMU was founded in 1875 as Muhammadan Anglo-Oriental (MAO) College by Sir Syed Ahmed Khan. The 1920 AMU Act incorporated MAO College into AMU, initially restricting its governing body to Muslims. The 1967 Azeez Basha ruling denied AMU minority status, stating it was established through central legislation. Subsequent amendments and reservation policies led to prolonged legal challenges. |
Dig Deeper: Read T.M.A. Pai Foundation v. State of Karnataka (2002) judgement in the context of Minority Rights and State Regulation.
