The Supreme Court in the case Vijay Kumar Sharma V. National Commission For Minority Educational Institutions & Ors observed wherein the plea is moved challenging the minority status of the Jamia Millia Islamia, a Central University in New Delhi, has been withdrawn.
In the present case, the plea has been moved in the Apex Court against the order passed by the Delhi High Court that had deferred the hearing of the plea since a similar legal issue which relates to the minority status of Aligarh Muslim University is pending before a 7-judge bench of the Supreme Court in the case Aligarh Muslim University v. Naresh Agarwal and Ors.
The Delhi High Cour tin its order dated August 17 stated that the Central to our deliberations is the status of Respondent No. 1 University, the Jamia Millia Islamia as the minority educational institution. Therefore, the query presented to the Hon’ble Supreme Court’s 7-judge bench, though distinct, has aspects that intersect with the central issue must be resolved. Thus, the said court find it prudent to adjourn the hearing.
The bench comprising of Justice Sanjiv Khanna and Justice S V N Bhatti in the case was hearing the plea wherein the counsel, Sr. Adv. Jayant Mehta appearing for the petitioner seek the to withdraw the special leave petition. Thus, the same was allowed by the Apex Court.
It may also be noted that the 7-judge bench of the Supreme Court has notified the Aligarh Muslim University case for hearing soon. Thus, the issue in the AMU case is whether a University created by a statute can claim minority status. Jamia Millia Islamia was established by a law passed by the Parliament in 1988.
The Delhi High Court in the case observed in its order dated August 2023 that the question of law pending before the 7-judge bench of Supreme Court has a bearing on the issue before the High Court.
Furtehr, the court stated that it being pertinent to note that in the plea before the Delhi High Court, the Centre in 2018 had changed its stand on the status of Jamia and had told the High Court that it is not a ‘minority institution’. The same being contrary to the stand taken by the Centre in 2011.
Therefore, it has been stated by the HRD Ministry, under then minister Kapil Sibal that an affidavit in the High Court stating that the government respects the declaration made by the National Commission for Minority Educational Institution, NCMEI that the Jamia Millia Islamia is a religious minority institution.
However, it has been stated in the revised affidavit filed by the Centre in 2018, it had adopted a paradigm shift in its approach and had stated that the earlier stand of Government of India is an incorrect understanding of the legal position and the same may be withdrawn.
The court stated that NCMEI in 2011 had declared Jamia Millia Islamia as a religious minority institution in view of the fact that Jamia Millia Islamia was founded by Muslims for the benefit of the community and it never lost its identity as a Muslim minority educational institution.
The commission had also stated that the institution was covered as stated under Article 30 (1) of the Constitution of India, reading with Section 2 (g) of the National Commission for Minority Educational Institutions Act.