RANJAN GOGOI, L. NAGESWARA RAO, SANJIV KHANNA
Aligarh Muslim University – Appellant
Versus
Naresh Agarwal – Respondent
ORDER
1. This Court in S. Azeez Basha and Anr. vs. Union of India , (1968) 1 SCR 833 , inter alia, has observed as follows:
"It is to our mind quite clear that Art. 30(1) postulates that the religious community will have the right to establish and administer educational institutions of their choice meaning thereby that where a religious minority establishes an educational institution, it will have the right to administer that. An argument has been raised to the effect that even though the religious minority may not have established the educational institution, it will have the right to administer it, if by some process it had been administering the same before the Constitution came into force. We are not prepared to accept this argument. The Article in our opinion clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them, but not otherwise. The Article cannot be read to mean that even if the educational institution has been established by somebody else, any religious minority would have the right to administer it because, for some reason or other, it might have been administering it before the Cons
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