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.