SC refers to 7-judge bench issue of determining correctness of minority status to AMU
In a significant development, the Supreme Court Tuesday referred the controversy over minority status for Aligarh Muslim University to a 7-judge bench, which will also lay down parameters for granting the tag to an educational institution. A three-judge bench headed by Chief Justice Ranjan Gogoi agreed with the submission of the AMU that the correctness of the 2006 judgement of the Allahabad High Court, by which the minority tag to the university was taken away, needs to be examined in detail. Senior advocate Rajeev Dhavan, appearing for AMU, submitted that the issue involved in the matter was important as the apex court in its 7-judge bench judgement in the TMA Pai case in 2002 did not deal with the aspect as to what should be the requirement for establishing a minority institution. Besides AMU, the then UPA government also filed an appeal against the 2006 verdict of the Allahabad High Court holding that the varsity was not a minority institution. It said a five-judge Constitution bench in 1968 in the Aziz Basha case had held that AMU was a "central university" and not a minority institution.
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