Plea Before Supreme Court Against Delhi HC Deferring Plea Challenging Minority Status Of Jamia Millia Islamia Withdrawn

The petition filed in the Supreme Court in relation to the minority status of the Jamia Millia Islamia, a Central University in New Delhi, has been withdrawn.

The petition had been filed in the Apex Court against the order of the Delhi High Court that had deferred the hearing of the plea since a similar legal issue relating to the minority status of Aligarh Muslim University is pending before a 7-judge bench of the Supreme Court in Aligarh Muslim University v. Naresh Agarwal and Ors., Civil Appeal No. 2286/2006.

“Central to our deliberations is the status of Respondent No. 1 University [Jamia Millia Islamia] as a minority educational institution. The query presented to the Hon’ble Supreme Court's 7-judge bench, though distinct, has aspects that intersect with the central issue we must resolve. In light of this, we find it prudent to adjourn the hearing,” the Delhi High Court had recorded in its order dated 17th August, which was challenged before the Apex Court.

On Monday (09.10.2023), Sr. Adv. Jayant Mehta appearing for the petitioner sought permission from a bench of Justice Sanjiv Khanna and Justice S V N Bhatti to withdraw the special leave petition. This was allowed by the Apex Court.

It may be noted that a 7-judge bench of the Supreme Court has notified the Aligarh Muslim University case for hearing soon. The issue in the AMU case is whether a University created by a statute can claim minority status. Jamia Millia Islamia was established by a law passed by the Parliament in 1988.

The Delhi High Court had observed in its August 2023 order that the question of law pending before the 7-judge bench of Supreme Court has a bearing on the issue before the High Court. 

“3(a) What are the indica for treating an educational institution as a minority educational institution? Would an institution be regarded as a minority educational institution because it was established by a person(s) belonging to a religious or linguistic minority or its being administered by a person(s) belonging to a religious or linguistic minority?”, is the question for consideration before the Supreme Court, the Delhi High Court had recorded in its order.

It is pertinent to note that in the plea before the Delhi High Court, the Centre in 2018 had changed its stand on the status of Jamia and had told the High Court that it is not a ‘minority institution’. This is contrary to the stand taken by the Centre in 2011.

On August 29, 2011, the HRD Ministry, under then minister Kapil Sibal, had submitted an affidavit in the High Court stating that the government respects the declaration made by the National Commission for Minority Educational Institution (NCMEI) that Jamia Millia Islamia is a religious minority institution. However in a revised affidavit filed by the Centre in 2018, it had adopted a paradigm shift in its approach and had stated that the earlier stand of Government of India is an incorrect understanding of the legal position and the same may be withdrawn.

“Treating a central university as a minority education institution is repugnant to law besides undermining its status and is against the basic tenet of a Central University” the Centre’s 2018 affidavit said.

“By no stretch of imagination Article 30 (1) could be read to mean that even if an educational institution has been established by a Central Act, still the minority has the right to administer it” the Centre had said in 2018.

The NCMEI in 2011 had declared Jamia Millia Islamia as a religious minority institution in view of the fact that Jamia Millia Islamia was founded by Muslims for the benefit of the community and it never lost its identity as a Muslim minority educational institution. The commission had also said the institution was covered under “Article 30 (1), read with Section 2 (g) of the National Commission for Minority Educational Institutions Act”.

Case Title: Vijay Kumar Sharma V. National Commission For Minority Educational Institutions & Ors.

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