Aligarh Muslim University Minority Status Case : Live Updates From Supreme Court Hearing

CJI : we will resemble tomorrow morning

The hearings conclude for the day. 

CJI : CJI Hidayatullah's decision in Mother provincial and Justice Jagannath Shetty in St Stephens they don't refer to / cite the judgement in Basha, they refer to all the other, because Basha is a little out of alignment in what is laid down in the other decisions.

Dhawan refers to paras in St Stephens where the dual test of reasonableness and excellence is reiterated

Dhawan refers to paras in TMA Pai Foundation and St Stephens College v. University of Delhi

Dhawan: Now I come to the next question, what is the implication of the actual substance of the institution? and the implications are it must an institute of excellence. This is the famous dual test which is adopted by TMA Pai.

Dhawan : and along with something which says the end of the article- of their choice, therefore you have to read establishment as not the be all and the end all of the article 30 it has to be read as a whole where it says of their choice and A Basha says your choice can be a university and in both those days and now if there's a statute, will it all disappear? the entire tertiary education will disappear of minorities

Dhawan : the fact that it brings into being will not militate under minority right under 30, we cannot wither down article 30, and that is my lord the defect in A Basha followed by the Allahabad HC

The bench discusses amongst themselves.

Dhawan: this is the fundamental question that you have to resolve, A Basha says that universities can be minority institutions, it also says they must be run by statutes, and by statutes they go , this is the unresolved question mylord, which your lordships have to examine.

Dhawan: recognition in 1920 Act cannot be read as something which govt. gave you it is your right, they cannot take it away.

Dhawan cites from In Re: The Kerala Education Bill 1959 1 SCR 995

Dhawan: my lords it just the degree, its the wholesome university with a liberal education and other concerns of Muslim theology etc. Now all those what A basha does it says that in the select committee, there was some disagreement on this that's not how you read the select committee my lord

Dhawan : Now I will read some other judgments including TMA Pai and Mother Provincial

Dhawan: the fact that MAO college could still get degrees, that's not the point, the point of the substance of liberal education of long concern to the Muslim community.