HC notice to Centre on declaring Jamia varsity minority institute

Updated on: Thursday, March 24, 2011

The grant of minority status to Jamia Millia Islamia University by the National Commission for Minority Educational Institutions (NCMEI) came under the
scanner of the Delhi High Court which has sought responses from the Centre and others on a PIL.
"Issue notice to Human Resources Development Ministry, the Ministry of Minority Affairs .... for May 18, a bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The High Court admitted for hearing a public interest litigation (PIL) of Vijay Kumar Sharma, president of NGO 'Yuva Bharti Samiti', alleging that "the Jamia Millia Islamia Act, 1988, incorporates and establishes the university and dissolves the Jamia Millia Islamia Society, which was managing and running it, and the NCMEI has no jurisdiction or authority to declare it a minority institution."

Besides the ministries concerned, the court has also sought responses from the Vice Chancellor of the University, the teachers' association and five others including the students' union.

The NCMEI headed by Justice M S A Siddiqui had recently granted "minority" status to the University which will enable it to reserve up to 50 per cent seats for Muslim students.

The Varsity will no longer have to give reservation to SC and ST students also, the panel, a quasi-judicial body, had said while allowing the petitions of students union, Jamia Old Boys Association and Jamia Teachers Association. The petitions were filed in 2006.

"The Act does not provide any special consideration for a person belonging to a particular community and the posts of chief policy making body (Anjuman) ... are open to persons of all caste, creed and religion with no special consideration to Muslims...," the PIL said, adding grant of minority status defeated the purpose of the law which was enacted by Parliament.
"The university is a central university of national importance and is an alloy of secular Indian culture where members of all caste, creed and religions have been benefited and cannot be conferred with the status of minority institution," the petition, filed by advocates Rakesh and Santosh Kumar, said.

Earlier, the NCMEI had said Jamia would continue to enjoy the central university status and the only "minority central university" in the country, given its unique character.

HC notice to Centre on declaring Jamia varsity minority institute

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