The Central Government on Monday told the Supreme Court that it opposes minority status for the Aligarh Muslim University, drawing protests from Muslim organisations and Opposition parties.
The Centre also said it would withdraw the appeal filed by the erstwhile UPA government challenging the Allahabad High Court verdict holding the Aligarh Muslim University as non-minority institution.
"I changed my mind two months ago," Attorney General Mukul Rohatgi told a three-judge bench headed by Justice J S
Kehar about the Centre's decision to withdraw the appeal and distance itself from AMU.
"I am distancing myself from the AMU," he further told the bench.
The SC then asked the government to clarify whether Aligarh Muslim University is bound to follow UGC regulations or not.
Rohatgi submitted the AMU was set up by the central Act and in 1967, a five-judge Constitution bench of the apex court had in Aziz Basha judgement held it as a "central university" and not a minority institution.
Rohatgi said 20 years later, an amendment was brought in 1981 to accord the university minority status which was held
as unconstitutional by the High Court.
"You cannot override the Aziz Basha judgement. Union of India's stand is that according minority status to AMU would
be contrary to the Aziz Basha judgement and it still holds good," the top law officer told the bench which permitted the
Centre to file an application along with an affidavit within eight weeks to withdraw the appeal filed by it.
The High Court had in January 2006 struck down the provision of the AMU (Amendment) Act, 1981 by which the
University was accorded a minority status.
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