Aligarh Muslim University Case : Live Updates From Supreme Court Hearing [Day 3]

CJI : we will now keep the matter on 23rd

The Court concludes the hearing for the day 

Farasat : (referring to the written submission of the SG) the fact that I am a successful minority institution cannot be the basis of making me move out of my minority zone. A minority institution can be an Institue of National Importance, its not that only majority established institutions can be of national importance. Thats my final submission. Thank you Lordships

J SC Sharma : is there any other minority institution in the country which is 100% funded by the GOI ?

Farasat: I cannot answer that perfectly i do not have the data but most minority institutions including Jamia Milia Islamia is almost nearly 100 . Iam grateful

Farasat refers to women alumni of AMU

J Datta : over the last 100 years without the minority institution tag it has continued to be an Institution of National Importance how does it matter that if we are not with you on Basha so how does it matter for the people whether it is a minority institution or not ? its only the brand name AMU

Farasat: today because of the status quo orders on 81 amendment it continues to be a minority institution , in fact if your lordships uphold Basha first time clearly now, it will be a minority institution.  

Farasat : education of Muslims and AMU go hand in hand, students from Bengal , Karnataka Orissa etc of Muslim families will send their children only to AMU, specially for women students, the burden of bearing the cultural markers of identity be it the majority or minority will always come on women

Farasat : total students today in AMU - 23675, Muslim 18700, which is 77.39%; Muslim female students - 81%; out of male students 79% are Muslims and overall composition 77.39%

Farasat refers to data on the management and student population of AMU

Farasat : that statute is the legal device and the establishing body id the registered society/ sponsoring body , this is what Basha misses

Farasat: the logic of Basha is the central legislature established the AMU and thats the meaning of establish for purpise of article 30... but what it also conflates is that it establishes by and through , established by a minority through a legal statute and this distinction is the fulcrum of all the minoritie institutions exist in the present day.

Farasat refers of UGC Regulation 2003

Farasat : Basha proceeds on the basis that you can either do one or the other, so you can be a minority You stay in your space but if you become a university and law requires you to enact something, then you lose your status , you cannot be both.

Farasat : the second point, AMU is one of the main factors for creating an educated Muslim class in India, it is responsible for it and it continues to nurture it. If your lordships come to the conclusion that It is not a minority institutions that would gravely damage the role played by AMU

Farasat : first submission is that the distinction between establishing an educational institution and the device to bring this into legal existence is well recognized in law and is completely ignored by Basha