The Hindu : Front Page : Aligarh Muslim University withdraws SLP

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Saturday, Nov 26, 2005

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Aligarh Muslim University withdraws SLP

Legal Correspondent

High Court had quashed Central law giving minority status to the university

New Delhi: The Supreme Court on Friday dismissed as withdrawn a special leave petition (SLP) filed by the Aligarh Muslim University (AMU) challenging an order of the Allahabad High Court.

The High Court had quashed the Central law that gave minority status to the university and held as illegal reservation of seats for Muslims in its post-graduate medical courses.

A Bench, comprising Chief Justice Y.K. Sabharwal and Justice C.K. Thakker, allowed the university to withdraw the SLP after it was submitted that an appeal had been filed before a Division Bench of the High Court.

On October 4, a single Judge of the High Court held that the Aligarh Muslim University Amendment Act, 1981, was unconstitutional and that the AMU was not a minority institution and, therefore, the notification issued by the Human Resource Development Ministry on February 25 this year, permitting the university to reserve seats for Muslims in post-graduate medical courses was illegal.

The judge further held that the approval given by the Academic Council of the AMU to reserve 50 per cent seats in post-graduate medical courses and admissions made on the basis of this notification were illegal.

He said that by the Amendment Act of 1981, Parliament had attempted to over-rule the judgment given by the Supreme Court in the Ajeez Basha case of 1968. (The apex court had ruled that the AMU is not an institution established by a minority group and that it is established under the Act passed by the Central Legislature.)

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