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The Supreme Court (by 4:3 majority), overruled its S. Azeez Basha vs. UOI (1967) judgment which held that AMU cannot claim minority status under Article 30 (1) as it was established by a statute.
- SC in S. Azeez Basha vs. UOI had held that AMU was neither established nor administered by Muslim minority, and it is a central university established through AMU Act, 1920.
- Later on, Parliament through AMU (Amendment) Act, 1981 restored AMU’s minority status.
- However, Allahabad High Court struck down the minority status of AMU in 2006 which has been subsequently challenged in SC in 2019.
- SC has now referred ‘issue of AMU's minority status under Article 30’ to a regular bench based on principles established in this judgment.
Key Highlights of Judgement
- No need for minority control over administration to prove that it is a minority educational institution.
- Courts should trace Genesis and identify Brain behind the Institution to determine who established the institution
- Minority Status is not surrendered because an institution was created by a statute or upon incorporation of the University.
- Communities that weren't a minority before the Constitution, are also entitled to Article 30 (1) protection for institutions established before independence.
Fundamental Right of minorities to establish and administer educational institutions under Constitution
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