HC refuses to stay notification to declare Jamia minority institute-

Updated on: Thursday, May 19, 2011

In a relief for Jamia Millia Islamia University, the Delhi High Court refused to stay a notification of National Commission for Minority Educational Institutions (NCMEI) granting it the status of a minority institution.

"We will not stay the notification of the NCMEI," a pision bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The court, which was hearing a bunch of PILs on the issue, meanwhile, asked the Centre to clarify its stand as to whether it was in favour of the grant of minority status to the varisity or not.

"Additional Solicitor General A S Chadhiok is directed to apprise the court of the stand of the Centre on the issue and he has to file documents also which were put before the NCMEI," the court said.

The counsel for the petitioners had demanded that only provisional admissions be allowed as the grant of minority status to the University would consequently result in 50 per cent reservation for Muslim candidates only.

"Since the matter is sub judice and hence, the process for admission would depend on the outcome of the petitions in this court," the bench said.

During the hearing, it was alleged that the panel had wrongly accorded the minority status to the varsity.

"The institution, created by an Act of the Parliament, cannot be declared a minority institution," a lawyer, appearing for petitioner Vijay Kumar Sharma, said.

The Commission had on February 22 had granted minority institution status to the University.

The court also issued notices to the Human Resources Development Ministry, the Ministry of Minority Affairs and the varsity on another PIL filed by advocate Prashant Bhushan on behalf of NGO Centre For Public Interest Litigation (CPIL) on
the issue.

The CPIL submitted that the University was established after the Parliament passed Jamia Milia Islamia Act, 1988 and there was no mention in the law regarding its minority status.

"Jamia Millia Islamia Act, 1988 enacted by the Parliament is a special Act in as much as it only deals with the establishment and incorporation of the said University and no where the legislature in its wisdom provides that the University would be a minority institution," it said.

"Administration of the University is under a statutory scheme framed by the Parliament which nowhere provides any special privilege to a minority and the appointment to any post in the university including that of the Vice Chancellor,"
the petition said.

The NCMEI headed by Justice M S A Siddiqui had 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 that the 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 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, making it only "minority central university" in the country given its unique character.

HC refuses to stay notification to declare Jamia minority institute-

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