Judgment

K. N. WANCHOO, J.

( 1 ) THESE five writ petitions raise common questions and will be dealt with together. They attack the constitutionality of the Aligarh Muslim University (Amendment) Act, No. LXII of 1851 (hereinafter referred to as the 1951-Act) and the Aligarh Muslim University (Amendment) Act, No. XIX of 1965 (hereinafter referred to as the 1965-Act ). The principal attack is based on the provisions of Article 30 (1) which lays down that "all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice". The case of all the petitioners is that the Aligarh Muslim University (hereinafter referred to as the Aligarh University) was established by the Muslim minority and therefore the Muslim had the right to administer it and in so far as the Acts of 1951 and 1965 take away or abridge any part of that right they are ultra vires Article 30 1. Besides this principal attack, the two Acts are also subsidiarily attacked for violating the fundamental rights guaranteed under Articles 14, 19, 23, 26, 29 and 31 of the Constitution. It is unnecessary to set out the nature of the attack under these Articles