Business Standard

Centre's somersault on status politically inspired, AMU tells SC

IANS  |  New Delhi 

The Aligarh Muslim University has described as "politically inspired" the Narendra Modi government's decision to withdraw the 2006 appeal challenging the Allahabad High Court verdict that the university was not a minority institution.

The appeal was filed by the then United Progressive Alliance government against the 2006 High Court order that struck down an 1981 amendment to the Aligarh Muslim University Act, 1920, which said the institution was established by the Muslims and thereby permitting 50 per cent reservation for the community in the university.

The said amendment had sought to erase a 1967 judgement by a Constitution Bench of the apex court in the Azeez Basha case, wherein it had said that AMU was not a minority institution.

AMU's latest contention was made in an affidavit filed last week in the top court, which was made available on Tuesday.

The university assailed the Centre's June 30 affidavit, whereby it conveyed to the top court its decision to withdraw its 2006 appeal against the High Court verdict.

The AMU affidavit said: "The decision taken after a change of government at the Centre by the present NDA government led by a member of the Bharatiya Janata Party does not appear to be a sound decision based on cogent and valid reasons, but one based on political considerations."

It said: "It is well settled that a decision taken at the governmental level will not be nullified by a change of government after another political party assumes power, particularly when such a decision affects the interest of the nation as a whole."

The AMU referred to earlier Supreme Court judgements in support of its contention.

On the BJP-led National Democratic Alliance government's U-turn on the 2006 decision of its predecessor, AMU said: "In any event, this is nothing but a deliberate dereliction of constitutional duty on the part of the union government."

In 2006, the Allahabad High Court struck down the 1981 amendment to the AMU Act, 1920, and said that it was wrong as the same was done to nullify the apex court's verdict of 1967.

It further said that since the AMU was established by an act of Parliament, therefore, it could not be a minority institution.



(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

Dear Reader,

Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor

First Published: Tue, August 16 2016. 19:46 IST