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Centre supports Jamia's minority institution status- 20-Sep-2011
New Delhi: The Centre told the Delhi High Court that it supports the minority status granted to Jamia Millia Islamia University by the National Commission for Minority Educational Institutions (NCMEI).
In an affidavit submitted to the bench of Chief Justice Dipak Misra and Justice Sanjiv, the Union Ministry of Human Resource Development (HRD) said it respects the NCMEI's decision. "The NCMEI has declared that Jamia Milia Islamia is a minority institution by virtue of its powers exercised under the relevant provisions of NCMEI Act, the government of India respects the declaration made by the Commission," said the affidavit.
The court had earlier sought the government's stand on a plea challenging the NCMEI's declaration. The plea contended the Commission has no jurisdiction or authority to declare it as a minority institution.
The bench asked the counsel for the parties to argue as to whether the institution was established by the members of minority community. "Show us whether Jamia was established by the members of Muslim community or not and whether the institution was being administered by the members of minority community," the bench said.
Appearing for the petitioner, senior advocate K K Rai said the Commission has wrongly declared the University a minority institution. Citing the Supreme Court ruling which had said Aligarh Muslim University is not a minority institution. Rai argued the University was established by an Act of Parliament and the Commission has no power to decide on it.
In his plea, petitioner Vijay Kumar Sharma, president of civil society Yuva Bharti Samiti, said the Jamia Millia Islamia Act, 1988, incorporated and established the University and dissolved the Jamia Millia Islamia Society which was managing and running it. He contended the NCMEI has no jurisdiction or authority to declare it a minority institution.
"The university is a central university of national importance and is an alloy of secular Indian culture where members of all caste, creed and religions have been benefited and cannot be conferred with the status of minority institution," said the petition.
The NCMEI had early this year granted "minority" status to the University. The new status would enable the University to reserve up to 50 per cent seats for Muslim students.
The varsity will no longer have to give reservation to SC and ST students also, the panel, a quasi-judicial body, had said while allowing the petitions of students union, Jamia Old Boys Association and Jamia Teachers Association. The petitions were filed in 2006.
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