๐ฆ๐๐ฝ๐ฟ๐ฒ๐บ๐ฒ ๐๐ผ๐๐ฟ๐ ๐ฐ:๐ฏ ๐๐ฒ๐ฐ๐ถ๐๐ถ๐ผ๐ป ๐ข๐ฝ๐ฒ๐ป๐ ๐๐ผ๐ผ๐ฟ ๐ณ๐ผ๐ฟ ๐ ๐ถ๐ป๐ผ๐ฟ๐ถ๐๐ ๐ฆ๐๐ฎ๐๐๐ ๐ณ๐ผ๐ฟ ๐๐น๐ถ๐ด๐ฎ๐ฟ๐ต ๐ ๐๐๐น๐ถ๐บ ๐จ๐ป๐ถ๐๐ฒ๐ฟ๐๐ถ๐๐
DAYITHA T K. - The Supreme Court of India this week issued a significant ruling regarding the minority status of Aligarh Muslim University (AMU), overturning its previous 1967 decision in the case of S. Azeez Basha vs. Union of India. This 4:3 majority decision by a seven-judge bench allows AMU to potentially claim minority status under Article 30 of the Indian Constitution, which protects the rights of minorities to establish and administer educational institutions.
๐๐ฒ๐ ๐๐ฒ๐๐ฎ๐ถ๐น๐ ๐ผ๐ณ ๐๐ต๐ฒ ๐ฅ๐๐น๐ถ๐ป๐ด
๐ข๐๐ฒ๐ฟ๐๐๐ฟ๐ป๐ถ๐ป๐ด ๐ฃ๐ฟ๐ฒ๐๐ถ๐ผ๐๐ ๐๐๐ฑ๐ด๐บ๐ฒ๐ป๐: The Supreme Court ruled that the earlier judgment, which stated that institutions created by statute could not claim minority status, is no longer valid. The court emphasized that statutory incorporation does not automatically disqualify an institution from being recognized as minority founded.
๐๐ผ๐ฐ๐๐ ๐ผ๐ป ๐๐๐๐ฎ๐ฏ๐น๐ถ๐๐ต๐บ๐ฒ๐ป๐ ๐ฎ๐ป๐ฑ ๐๐ป๐๐ฒ๐ป๐: The court directed that the determination of AMU's minority status should consider who established the institution and the intentions behind its creation, rather than solely relying on its legal status as a statutory body.
๐ก๐ฒ๐
๐ ๐ฆ๐๐ฒ๐ฝ๐: The case has been remitted to a regular bench for further examination of AMU's origins and its eligibility for minority status. This new bench will evaluate factors such as the historical context and administrative structure of AMU.
๐๐ถ๐๐๐ฒ๐ป๐๐ถ๐ป๐ด ๐ข๐ฝ๐ถ๐ป๐ถ๐ผ๐ป๐: Justices Surya Kant, Dipankar Datta, and SC Sharma dissented from the majority opinion, indicating differing views on the interpretation of minority status in relation to statutory institutions.
๐๐บ๐ฝ๐น๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป๐
This ruling is seen as a pivotal moment for AMU, which has been embroiled in legal disputes over its minority status since a 2006 Allahabad High Court ruling revoked its designation. The Supreme Court's decision not only reinstates hope for AMU but also sets a precedent for how other educational institutions might claim minority status in the future.
AMU SupremeCourt Law Legal News Landmark Judgment Minority MinorityStatus AligarhMuslimUniversity
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