Thursday, January 5 2006 20:38 Hrs (IST) - World Time -

Allahabad: In a major setback to the Centre, a Division Bench of the Allahabad High Court today (Jan 05, 2006) upheld it's judgement in October last year terming as 'unconstitutional' the grant of minority status to the Aligarh Muslim University and 50 per cent reservation to Muslims.

The order was passed by a Bench comprising Chief Justice A N Ray and Justice Ashok Bhushan on petitions filed by the Central Government and AMU challenging the single-judge verdict on October 4, 2005.

The appeal bench also refused to grant permission to AMU to file a special leave petition against the judgement before the Supreme Court, saying they "do not find any reason for the same".

It ruled that admissions for the session of 2006-2007 'will be free to all'. "However, those students who have been given admission earlier under a quota system and are studying in the university will continue to do so".

The Bench struck down section l and section 5 (2) (c) of the Aligarh Muslim University Amendment Act, 1981, by which the status of a minority institution was accorded to AMU. The court said it "is ultra vires to the Constitution".

It observed that the Supreme Court in the Ajeez Basha case in 1968 had already taken the view that the AMU was not a minority institution and enactment of a law by Parliament could not overrule the judgement.

In October, Justice Arun Tandon observed that the AMU Amendment Act was unconstitutional and AMU was not a minority institution.

He said the notification issued by the Union Human Resource Development Ministry on February 25 permitting AMU to reserve seats for Muslims in post-graduate medical courses and the 50 per cent quota approved by the AMU Academic Council in the PG medical courses were, therefore, 'illegal'.