AMU moves apex court challenging HC verdict
AMU moved SC challenging Allahabad High Court's verdict quashing minority status and 50% quotas for Muslims.india Updated: Apr 08, 2006 16:16 IST
Aligarh Muslim University (AMU) on Saturday moved the Supreme Court challenging the Allahabad High Court's verdict quashing the minority status and 50 per cent quotas for Muslim students.
The Special Leave Petition filed by the AMU has sought quashing of the judgement of the division bench of the High Court which had upheld the single bench verdict that the University cannot be accorded a minority status.
The High Court on January 5 had struck down the provision of the Aligarh Muslim University Amendment Act, 1981, by which the status of a minority institution was accorded to AMU.
It had held that according the University the status of a minority institution was "ultra vires to the Constitution" and 50 per cent reservation envisaged for the Muslim students was illegal.
The appeal filed through advocate Ezaj Maqbool challenged the High Court verdict that AMU was not a minority institution entitled to protection under Article 30 (1) of the Constitution.
The petition said the legislative competence of Parliament to frame laws for AMU was not an issue raised by any party in the writ petition or in the appeal before the division bench.
Further, the scope of Parliament to enact a law fro AMU under Entry 63 List 1 (Union List) of the Constitution is all pervasive since the law making power makes it evident that the University would always remain under the legislative scanner of Parliament.