New Delhi, Nov 8 (UNI) The Supreme Court 7-judge bench by a 4-3 majority verdict laid down indicia for determining whether an educational institution is a minority institution but did not answer whether Aligarh Muslim University is a minority educational institution.
The Apex Court overruled 1967 judgement in Azeez Basha case.
The Court overruled Basha judgment which said an educational institution can claim 'minority tag' only if established and managed by a minority community.
The Top Court said a regular bench will decide whether AMU is a minority institution based on the indicia laid down by the 7-Judge bench.
The seven-judge Bench however, has laid down guidelines for determining whether an educational institution is a minority institution.
The seven-judge bench has now sent the question of whether AMU is a minority institution to a three-judge bench.
It means the Allahabad High Court’s 2005 judgment which quashed the AMU’s minority status and the undertaking given by the AMU in the SC that it would not give 50% religious quota stands as of now.
Justice Chandrachud informed that there are 4 opinions in the case.
The majority opinion was by CJI, for himself and Justices Sanjiv Khanna, J B Pardiwala and Manoj Misra.
Separate dissenting opinions were rendered by Justices Surya Kant, Dipankar Datta and S C Sharma.
Justice Surya Kant said the five-judge bench of SC in Aziz Basha case had correctly decided that AMU was not a minority institution, which has attained finality, and that there is no need to reopen the inquiry into the character of AMU.
Justice Kant strongly criticised the manner in which the case was referred by a 3-Judge bench to the present 7-Judge bench and termed it as a judicial impropriety on the part of the smaller bench and also on the part of the then CJI in accepting the request.
Justice S C Sharma said his opinion is neither concurring nor dissenting with the majority opinion authored by CJI Chandrachud. However, he agreed with dissents that the 3-Judge bench could not have referred the case directly to a 7-Judge bench.
UNI SNG CS1450