HC refuses to stay notification to declare Jamia minority institution
New Delhi: In a relief for Jamia Millia
Islamia University, the Delhi High Court Wednesday refused to stay
a notification of National Commission for Minority Educational
Institutions (NCMEI) granting it the status of a minority
"We will not stay the notification of the NCMEI," a
division bench of Chief Justice Dipak Misra and Justice Sanjiv
The court, which was hearing a bunch of PILs on the
issue, meanwhile, asked the Centre to clarify its stand as to
whether it was in favour of the grant of minority status to
the varisity or not.
"Additional Solicitor General A S Chadhiok is directed
to apprise the court of the stand of the Centre on the issue
and he has to file documents also which were put before the
NCMEI," the court said.
The counsel for the petitioners had demanded that only
provisional admissions be allowed as the grant of minority
status to the University would consequently result in 50 per
cent reservation for Muslim candidates only.
"Since the matter is sub judice and hence, the process
for admission would depend on the outcome of the petitions in
this court," the bench said.
During the hearing, it was alleged that the panel had
wrongly accorded the minority status to the varsity.
"The institution, created by an Act of the Parliament,
cannot be declared a minority institution," a lawyer,
appearing for petitioner Vijay Kumar Sharma, said.
The Commission had on February 22 had granted minority
institution status to the University.
The court also issued notices to the Human Resources
Development Ministry, the Ministry of Minority Affairs and the
varsity on another PIL filed by advocate Prashant Bhushan on
behalf of NGO Centre For Public Interest Litigation (CPIL) on
The CPIL submitted that the University was established
after the Parliament passed Jamia Milia Islamia Act, 1988 and
there was no mention in the law regarding its minority status.
"Jamia Millia Islamia Act, 1988 enacted by the
Parliament is a special Act in as much as it only deals with
the establishment and incorporation of the said University and
no where the legislature in its wisdom provides that the
University would be a minority institution," it said.
"Administration of the University is under a statutory
scheme framed by the Parliament which nowhere provides any
special privilege to a minority and the appointment to any
post in the university including that of the Vice Chancellor,"
the petition said.
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