The center has a new stand on the minority status of Jamia Milia Islamia university, according to some media reports HRD ministry could file an new affidavit in the supreme court which could diminsh the minority status of the central university.
In its stand to withdraw the earlier support provided to the Jamia the HRD ministry stated it was an error as it was set up by an Act of parliament and is funded by the Centre, the Financial Express reported.
In its affidavit, the HRD ministry will state that its support for the February 2011 order by the National Commission for Minority Educational Institutions (NCMEI) declaring Jamia a religious minority institution, was not in accordance with the law.
In January 2016 when HRD ,ministry was under Smriti Irani, former attorney general Mukul Rohatgi had advised the HRD ministry that it was entitled to change its view in court and revert to the stand that Jamia is not a minority institution and NCMEI’s ruling was not in accordance with the law.
However the government is waiting for the Supreme Court’s decision in the Azeez Basha case,which had declared that Aligarh Muslim University (AMU) is not a minority institution as it was set up by the British legislature.
The BJP-led NDA government had earlier claimed that no institution can have both a minority status and be a central university.
The Indian Express reported, in pursuance of the 2011 NCMEI order, Jamia has already discontinued reservation for SC/ST and OBC students. It had reserved 50% seats in each course for Muslim candidates – 30% for general Muslim applicants, 10% for Muslim women applicants and 10% for Muslim OBCs and STs as notified under the Central government list.
Jamia was established by Muslim nationalist leaders in 1920 according to Section 2 (o) of the JMI Act, at Aligarh in response to Mahatma Gandhi’s call to boycott all educational institutions supported or run by the colonial regime.
It was shifted to Delhi and was run by a registered society called the Jamia Millia Islamia society. In 1962, Jamia became a deemed university. In 1988, it was deemed a central university through a central law.