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Regulation by statute does not rob a varsity of minority status: Justice Chandrachud

Regulation by statute does not rob a varsity of minority status: Justice Chandrachud
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Regulation by statute does not rob a varsity of minority status: Justice Chandrachud

  • A seven-judge Bench headed by Chief Justice of India observed that an educational institution does not lose its minority status merely on the ground that its administration is regulated by a statute.

Key Highlights

  • The court noted that an educational institution need not offer just religious courses.
  • Article 30 of the Constitution does not envisage that the administration of the educational institution ought to be absolutely by the members of a minority community.
  • The administration could be secular and students from any community could get admission
  • The court is considering a reference on questions about the indices for treating an educational institution as a minority educational institution.
  • The points of reference in the case stemmed from a 1967 judgement by a five-judge Bench of the court in S. Azeez Basha vs Union of India
    • Which validated amendments made to the Aligarh Muslim University Act of 1920.
  • The Basha judgement had concluded that the varsity was a central university and minority status cannot be conferred on it.

Prelims Takeaway

  • S. Azeez Basha vs Union of India
  • Article 30

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