Aligarh Muslim University through its registrar Faizan Mustafa v. Naresh Agarwal, 2024

Facts:

On January 9, 2024, a 7-judge bench of the Supreme Court commenced hearings in the case of Aligarh Muslim University Through its Registrar Faizan Mustafa v. Naresh Agarwal. The case centers on whether Aligarh Muslim University (AMU) qualifies as a Minority Educational Institution (MEI) under Article 30(1) of the Constitution and Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004. AMU was established by the Aligarh Muslim University Act, 1920 (AMU Act). While the petitioners claim that the university was set up by the Muslim community, the respondents argue that it was created through parliamentary legislation. Historically, AMU evolved from the Mohammedan Anglo-Oriental College (MAO), founded in the 1870s by Sir Syed Ahmed Khan to promote Muslim education. Amendments to the AMU Act in 1951 and 1965 altered admission policies and governance structures, igniting debates about the university’s minority status.

The issue of AMU’s minority status was addressed in the 1967 Supreme Court judgment in Azeez Basha v. Union of India, which held that AMU was established through parliamentary legislation rather than by the Muslim community, thereby denying it MEI status. To counter this, the 1981 amendment to the AMU Act attempted to redefine the university’s historical purpose and emphasized its Muslim origins, aiming to restore its MEI status. The debate resurfaced in 2005 when AMU reserved 50% of post-graduate medical seats for Muslim students. This reservation policy was challenged in the Allahabad High Court, which relied on the Azeez Basha judgment to invalidate the reservations, asserting that AMU does not hold MEI status.

Issue:

1. Whether AMU qualifies as a Minority Educational Institution (MEI) under Article 30(1) of the Constitution and Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004.
2. Whether the 1981 amendment to the AMU Act can override the Supreme Court’s decision in Azeez Basha v. Union of India.
3. Whether the 2005 reservation policy for Muslim students is valid under the framework of AMU’s minority status.

Decisions:

In the Azeez Basha Case (1967), the Supreme Court held that AMU was not established by the Muslim community but rather by a statute enacted by Parliament. As a result, the Court ruled that AMU did not qualify as a Minority Educational Institution (MEI) under Article 30(1) of the Constitution, and amendments to the AMU Act were upheld as valid. This precedent was reaffirmed by the Allahabad High Court in 2005, which reiterated that legislation could not override a judicial decision unless there were substantial changes in circumstances. The court invalidated AMU’s 50% reservation policy for Muslim students, asserting that AMU does not hold MEI status.In the current proceedings of 2024, the Supreme Court concluded its hearings on February 1, 2024, and reserved its judgment. A key issue under deliberation is whether the 1981 amendment to the AMU Act adequately addresses the foundational reasoning of the Azeez Basha judgment and whether it can effectively restore AMU’s MEI status.