(a) whether any provisions for religion based reservation
has been made in educational institutes including Aligarh
Muslim University;
(b) if so, the details thereof;
(c) whether the Court has held the said provision
unconstitutional; and
(d) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT(SMT.D. PURANDESWARI)
(a) and (b) While the Central Government has not made any
reservation in education based on religion, each Minority
Institution may adopt a policy of reservation for the
minorities establishing the institution of their choice,
provided the relevant Act/ Statutes/ MOA establishing the
institution empowers so. The Aligarh Muslim University
(AMU), in exercise of the powers vested in it under the
provisions of the University Act, had reserved 50% seats in
the Postgraduate Medical Courses for the Muslims of India on
all-India basis. The Central Government had conveyed its no
objection to the aforesaid decision of the University,
However the matter is subjudice.
(c) and (d) A Single Bench of High Court, Allahabad has in
its order dated 4th October, 2005 held, inter-alia, that the
Aligarh Muslim University is not a minority institution
within the meaning of Article 30 of the Constitution of
India and has quashed the decision of the University’s
authorities to reserve 50% seats in the Postgraduate Medical
Courses for the Muslims, as also the ‘no-objection’ thereto
conveyed by the Central Government. Following a
Special Appeal filed by the Union of India, a Division Bench
of High Court, Allahabad in its judgment dated 5th January,
2006 held, inter-alia, certain provisions of the Aligarh
Muslim University (Amendment) Act, 1981 invalid and hence,
struck out the same, as also set aside the ‘no objection’
conveyed to the University by the Central Government to
their decision to reserve seats for the Muslims in the
Postgraduate Medical Courses. The AMU as well as the Union
of India filed a Special Leave Petition (SLP) in the Supreme
Court of India, which was heard by the Hon’ble Court on
24.4.2006. Following an undertaking given by the appellant-
University that it would not implement 50% quota reserved
for Muslims of India for admission, the Court ordered that
status quo would be maintained from the filing of the writ
petitions before the High Court, so far as all other matters
are concerned, the question raised in the appeals being of
general importance, the matter would be considered by a
larger Bench and, accordingly, would be placed before the
Hon’ble Chief Justice of India for further directions.