Seeking the restoration of Aligarh Muslim University’s status as a minority institution, the Supreme Court on Wednesday was told that after bringing every aspect of the functioning of the AMU, both relating to academics and administration, under the statutory and regulatory regime, all that is being sought to be restored is the reservation of seats for the Muslim students.

A seven-judge constitution bench comprising Chief Justice D Y Chandrachud, Justice Sanjiv Khanna, Justice Surya Kant, Justice J B Pardiwala, Justice Dipankar Datta, Justice Manoj Misra and Justice Satish Chandra Sharma was told that under Article 19 (1)(g) all – majority community and the minority community – are free to establish educational institutions, subject to reasonable restriction and compliance with existing laws. However, in the case of institutions established by minority communities their rights get extended under Article 30(1) of the constitution.

Article 30(1) provides for the right of minorities to establish and administer educational institutions of their choice.

Appearing for the Aligarh Muslim University Old Boys Alumni Association, senior advocate Kapil Sibal told the constitution bench that in the case of the majority community, their right to establish educational institution under 19(1)(g) stops there itself but in the case of educational institution established by the minorities their rights extend to Article 30(1) of the constitution.

Arguing for the restoring to AMU, the status of a minority institution that was taken away by 1967 judgment of a five-judge constitution bench, Sibal told the bench that all aspects of the University’s functioning including relating to academics and administration has fallen under the statutory regimes, only thing that is left is reservation for the Muslim students.

Taking the court through the history of the establishment of AMU, initially started as Muhammadan Anglo-Oriental College eventually graduating into AMU, Sibal said it was set up to impart modern liberal education to Muslims in the country. Even today, as far as education goes, Muslims are even below the lowest strata of the society.

Taking the bench through Article 30(1), Sibal said that the right left under Article 30(1) is the reservation. We have reservation but you want to take it away by a “strange logic”. It is bizarre that once Muhammadan Anglo-Oriental College gets elevated as a university, it loses its minority status.

Sibal also questioned the Central government arguing against the 1981 amendment that recognised AMU as a minority institution. He wondered how the government could argue against a law enacted by parliament.

The seven-judge constitution bench is hearing a batch of petitions on the issues relating to the minority status of AMU including two 1981 and 2019- top court reference for a relook on the 1967 judgment by a five-judge constitution bench.

The top court in 1967 had in the Azeez Bhasha case held that AMU was a central university and, minority status under Article 29 and Article 30 cannot be conferred on it.

The hearing will continue on Thursday – January 11, 2024.