3. Background of the Aligarh Muslim University Minority Status Case

In 1877, Sir Syed Ahmed Khan, a prominent Muslim reformer, established the Muhammadan Anglo-Oriental College (MAO College) in Aligarh to address educational gaps among Muslims while preserving Islamic values. The Aligarh Muslim University Act of 1920 (AMU Act) was enacted to amalgamate the MAO College and the Muslim University Association into the Aligarh Muslim University (AMU).

Amendments and Changes

In 1951, the AMU Act underwent amendments that eliminated compulsory religious education for Muslims and the exclusive Muslim representation mandate in the University Court. Subsequent changes in 1965 further redistributed powers among various bodies, including the executive, with the President of India nominating members to the governing body.

Legal Dispute Initiation (1967)

The legal dispute originated in 1967 when the Supreme Court, in the case of S. Azeez Basha versus Union of India (UOI), reviewed the amendments from 1951 and 1965. The petitioners argued for the Muslim right to manage AMU, given its establishment by Muslims. However, a five-judge Supreme Court bench upheld the amendments, contending that AMU was neither established nor administered by the Muslim minority, emphasizing the Act's enactment through Central legislation.

Nationwide Protests and Amendments (1981)

This ruling sparked widespread protests, leading to the amendment of the AMU Act in 1981 to affirm the university's minority status. This acknowledgement was a response to the protests and a recognition of the historical context of Muslim involvement in the establishment and administration of AMU.

Reservations and Legal Challenges (2005-2006)

In 2005, AMU reserved 50% of postgraduate medical seats for Muslim candidates. However, the Allahabad High Court, in Dr Naresh Agarwal vs UOI (2005), declared the reservation policy ultra vires, leading to an appeal by the UOI and the University to the Supreme Court in 2006. However, in 2016, the UOI withdrew from the appeal, refusing to acknowledge the University's minority status. Consequently, the University is currently pursuing the case independently.

4. Current Status of the Aligarh Muslim University Case in the Supreme Court

The Supreme Court is currently deliberating on two pivotal issues within the Aligarh Muslim University (AMU) case — the criteria for determining the minority status of an educational institution and whether an institution established under a statute can be accorded such status.

Petitioners' Argument

The petitioners advocate for AMU's entitlement to minority status, emphasizing its historical context and the Muslim community's role in its establishment. They contend that statutory regulations or State aid, as provided to AMU, do not negate its minority character. The reliance on the T.M.A Pai Foundation verdict is asserted to support the argument that legislative acts merely 'incorporated' the university, preserving its distinct 'establishment' by the minority community under Article 30.

Government's Stand

The Union of India (UOI) is aligning with the S. Azeez Basha verdict, asserting that AMU does not qualify for minority status. Solicitor General Tushar Mehta argues that AMU, having surrendered its rights to the British government and assumed a secular character with the 1920 Act, should not be considered a minority institution. However, the Chief Justice of India (CJI) interjected, asserting that the political inclination of AMU does not impact its minority status.

5. The Way Forward

The judgment in this case holds significant implications, as it is poised to set a precedent that will influence the rights and legal recognition of all minority institutions. The Supreme Court's decision will establish a framework for determining minority status in educational institutions and clarify the impact of statutory incorporation on such status.