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Jamia Millia Islamia may lose its minority status. Know why

08 Août 2017

The move was in sync with Article 30 (1) of the Indian Constitution, read with Section 2 (g) of the National Commission for Minority Educational Institutions Act, which give all religious and linguistic minorities the right to set up and run educational institutions, including schools, colleges and universities.

The centre has chose to withdraw its support to the Jamia Milia Islamia University on its status as a minority institution.

- Anshul Saxena (@AskAnshul) August 7, 2017 " Jamia Millia Islamia" loses status. i.e. "Minority".

It was in pursuance of the NCMEI order of 2011 that Jamia Millia Islamia discontinued reservation for SC/ST and OBC students and set aside half its seats in each course for Muslim candidates. The HRD Ministry will file a fresh affidavit in the writ petitions pending with the Delhi High Court, stating that its support for the order of the National Commission for Minority Educational Institutions (NCMEI) on February 22, 2011, declaring JMI a religious minority institution, was an error in its understanding of the legal position.

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The government had first raised the issue over Jamia Millia Islamia's minority status in January 2016, when then Attorney-General Mukul Rohatgi advised the HRD ministry that it could change its stance based on the Azeez Basha versus Union of India case. In its ruling, the apex court said that since AMU was set up by the British legislature and not by the Muslim community, it can not claim a special status.

However, the NDA-II government has opposed JMI's minority status since it came to power in 2014. The government will withdraw support. Nahas Mala, President, SIO, stated that the controversy regarding Jamia Millia Islamia's minority status is ill founded and wrongly taken.

The law ministry in its recommendation clarified that JMI, which was founded by a Central legislation, was neither started by Muslims nor run by the community.

"It is the minority quota of Jamia which ensures that Muslim students get a chance to study in this prestigious university".

Jamia Millia Islamia may lose its minority status. Know why