Aligarh Muslim University
A pawn on the chess board of power politics

Molishree, CCS Intern

It goes without saying that the establishment of Mohammedan Anglo oriented (MAO) college in 1875 marks one of the most important events in the educational and social history of modern India, especially of Indian Muslims. Sir Syed Ahmed Khan, founder of MAO College, visualized the western style of higher education as the only way towards the cultural and educational advancement of the Muslim community in India.

In 1920 it was an act of Indian legislative council that elevated the MAO College to the status of a central university. Gradually, the AMU grew into the major Indian university. It is worthwhile to mention that Mohammedan Anglo oriented college was earlier affiliated to Calcutta University and later to Allahabad University. After the Constitution of India came into existence Universities like Aligarh Muslim University and Banaras Hindu University were included in the 7th schedule as the 63rd entry in the 1st list of Constitution.

The genesis of the amendment, odyssey to the AMU acts could be traced back to the Nehru government in 1951’ by which non-Muslims were allowed to get elected to the governing bodies of the university, including to the Senate. The amendment also allowed for inclusion of religious education as an optional subject and gave affiliation to all institutions within 15 miles radius of the university. The Indian parliament passed 2nd amendment to the AMU act in 1965 which was challenged by some religious leaders before the Hon’ble Supreme court, but the apex court upheld the amendment brought by the Nehru government and declared that it war not in violation of article 30(1) of the constitution. Successive congress and Janta party government brought a number of amendments to the AMU act, with the aim of reaping political gains. In the year 1972, the then Indira government brought an ordinance to empower the university to cancel the affiliation of institutions which were brought under the academic control of the university as per the amendment of 1951. Later in 1978, the Janta government reinstated those affiliations by bringing another amendment. Again in 1981, the Congress Government brought another amendment to “promote specially the educational and cultural advancement of the Muslims of India” which is now being interpreted in favour of giving reservations to Muslim community in the University.

The case of the Aligarh Muslim University is a very good example of an exception to the common rule applied to minority institutions. It all started when the AMU academic council passed a resolution on 15th January 2005 giving 50% reservation for Muslims in the professional courses. This resolution was endorsed by the executive council of the university on 19th February 2005 and the Union Cabinet gave the green signal on 25th February. 2005. On 4th October the Allahabad High-Court invalidated the academic council resolution after taking up the petition filed by 34 affected students of post graduate medical courses. It is primarily because of this fact that there is such a big controversy regarding the status of AMU.

Though it was already settled by the Hon’ble Supreme Court in the case¹⁸ of 18Azeez Basha vs. Union of India (AIR 1986 S.C. 663) that as the university was set up by a Central legislation and hence it could not be said to be established by the minority community and hence on this core it was not declared and given minority status. But the controversial decision of the Aligarh Muslim University (AMU) authorities in Ministry of Human Resource and Development (HRD) to reserve 50% of the seats in post graduate courses in the university for Muslims, resulted in the filing of the Writ petition in the Hon’ble High Court of Allahabad and later special leave petition in the Hon’ble Supreme Court.

The AMU authorities in their honest or dishonest belief applied the decisions given in the judgment T.M.A PAI Foundation Case that allowed for reservation of seats for minorities in minority institutions. In fact that verdict referred only to schools, colleges and professional institutions owned by religious minorities. Now, where did it refer to reservations in universities?

It is for the first time since 1920 reservation on the basis of religion is being given or at least tried to be given by the AMU. Even after the 1981 amendment to the AMU Act that inter alia harped on promoting “Especially the educational and cultural advancement of the Muslims of India”. No reservation based on religion was ever made during the last 25 years.

That it is unfortunate to say that the Central Government succumbed to the pressure of all affluent minorities within the minority communities. The Minority Education Commission Act, passed by the Central Government is an instance in this regard. The provisions of the act are such that they benefit minorities by legalizing the commercial interest of put managements. There has been a spectacular increased in the number of institutions seeking minority status in the recent past.

From the sunshine of the facts emerged hereto before it could be said with a modicum of certitude that every successive government since independence paid lip service to the causes of the amelioration of the fate of the minority. The enactment of the article 29 and 30(1) was also designed and contrived as a part of electoral politics and minority appeasement. Behind the façade of minority upliftment flows the subterranean current of divisive politics and a desire to purge oneself on the cockpit of power and retain there for immense period of time.