Aligarh Muslim University (AMU) was accorded with minority status by the Allahabad High Court had in January 2006. The UPS government has now withdrawn its appeal. The appeal was filed challenging the Allahabad High Court verdict which stated that the Aligarh Muslim University (AMU) is not a minority institution.
In defense, a senior lawyer earlier mentioned to the apex court that the AMU was set up by a central act and moreover, a five-judge Constitution bench in 1967 in the Aziz Basha case had held the verdict that it was a "central university" and not a minority institution. Aligarh Muslim University (AMU) is a public university funded by the Government of India. It was originally established by Sir Syed Ahmad Khan as Mohammedan Anglo-Oriental College in 1875. The Mohammedan Anglo-Oriental College became Aligarh Muslim University in 1920. Aligarh Muslim University claims itself as a minority institute guaranteed under Article 29 and 30 of the Constitution of India. However, Allahabad High Court had struck down provisions of Aligarh Muslim University Act state that AMU is not a minority institution.
Attorney-General Mukul Rohatgi has filed an affidavit, he said, "AMU is not a minority institution" and referred to an apex court verdict of 1967, saying that it was not a minority institution as it was set up by the government and not by Muslims. To circumvent the effect of the judgment, an amendment was brought in 1981 in the central act to accord the minority status to the University, which has recently been held as unconstitutional by the High Court. You cannot override the Aziz Basha judgement. Union of India's stand is that according to minority status to AMU would be contrary to the Aziz Basha judgement and it still holds good. The top law officer had submitted before the bench in April which had permitted the Centre to file an application and an affidavit within eight weeks to withdraw the appeal filed by it. The Union of India stands by the decision that AMU is not a minority university. As the executive government at the Centre, we can't be seen as setting up a minority institution in a secular state, Rohatgi had said, adding that "the previous stand of the UPA government was wrong."
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