Aligarh Muslim University (AMU) and the muslim leaders have slammed the NDA government decision to withdraw from the Supreme Court an appeal filed by the previous UPA government challenging the Allahabad High Court verdict which said the Aligarh Muslim University is not a minority institution.
In effect, it means the NDA government has decided not to challenge the Allahabad High Court verdict and file a fresh affidavit, claiming that the AMU is a non-minority institution. The court has granted the Centre eight weeks to withdraw its appeal while allowing the Aligarh Muslim University to file a counter affidavit. The Centre had earlier made it clear that since the AMU was set up through a parliamentary act, any privilege on religious grounds would be "contrary to the country's secular policy". The revised
stance had created a political storm, with the opposition accusing the government of being anti-Muslim.
The Centre had earlier made it clear that since the AMU was set up through a parliamentary act, any privilege on religious grounds would be "contrary to the country's secular policy".
"We are not surprised by the decision as we never expected anything better for the AMU from the NDA government. The BJP was always opposed to the minority character of the AMU. The decision of the Union government to withdraw its petition in apex court challenging the Allahabad high court’s order will have no impact on the merit of the case and it will continue ’’, said Zafaryaab Jilani, member of the All India muslim personal law board adding`` five appeals filed by the AMU, one filed by AMU old boys association are pending before the court and several intervention applications were filed before the court on Monday’’
In January 2006, the Allahabad High Court had struck down the provision of the AMU (Amendment) Act, 1981 by which the status of a minority institution was accorded to the AMU by the then Indira Gandhi government. Both the then UPA government and the AMU had challenged the verdict. The university currently has 50 per cent reservation for muslim students.
According to the Centre, minority status to the AMU and New Delhi-based Jamia Millia Islamia is "unconstitutional" and "illegal" since these two government-run institutions were "discriminating" against the Scheduled Castes, Scheduled Tribes and Other Backward Classes by using the minority tag.
"We condemn the decision of the Centre to withdraw from the case as the NDA has let down the muslims and has acted against the promise of the prime minister Narendra Modi ``Sabka Saath , Sabjka Vikas’’, said Maulana Khalid Rashid, Imam of Idgah, lucknow. He said `` the Article 30 of the constitution has granted the right to the minority communities to establish and administer the educational institutions and it’s a historic fact that the AMU was set up by the muulim community’’
Maulana Rashid argued that `` if the Union government is willing to withdraw the facility of reservation to SC.ST and OBCs then we will also drop our demand for the minority character to AMU’’. He further said `` the AMU has granted 50 percent reservation to msulim students, the government has also admitted that the muslims are educationally
backward and need the support of the state for their empowerment, the government instead of helping the community wants to snatch the facility of higher education to the mulims’’’.
last month, AMU Vice-Chancellor lt General Zameer Uddin Shah had met Prime Minister Narendra Modi seeking the government's support in restoring the university's minority status. The withdrawal of the minority status "would have a salutary effect on minorities who are agitated and apprehensive that their rights are being trampled upon.Tasleem Tahmai, heading the Muslim political conference said `` the government is making selective interpretation of the Article 29 of the constitution to deny minority status to AMU. Under which law the government is funding the Madarsas which are imparting strictly the Islamic religious education, under the same law government is funding the AMU with the minority character’’. He said `` it’s the wisdom of the NDA government to withdraw as party in the case, it will have no effect on the case pending in the Supreme Court’’.
Prof Rahat Abrar, spokesman of the AMU said `` whatever may be the decision of the Central government, the university will pursue the case in the Supreme Court’’.