D. Y. CHANDRACHUD, SANJIV KHANNA, J. B. PARDIWALA, MANOJ MISRA, SURYA KANT, DIPANKAR DATTA, SATISH CHANDRA SHARMA
Aligarh Muslim University – Appellant
Versus
Naresh Agarwal – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
| Table of Contents | |
| A. | Background |
| B. | The reference and related events |
| C. | Submissions |
| D. | Issues |
| E. | Analysis |
| i. The preliminary objection by the Union of India | |
| ii. The scope of Article 30 | |
| a. The purpose of Article 30(1) | |
| b. The ‘special protection’ guaranteed by Article 30(1) | |
| iii. Indicia for a Minority Educational Institution | |
| iv. Applicability of Article 30 to a ‘University’ established before the commencement of the Constitution | |
| a. Article 30(1) applies to educational institutions established before the commencement of the Constitution | |
| b. There is no difference between ‘Universities’ and ‘colleges’ established before the commencement of the Constitution | |
| c. The minority character of the institution is not ipso facto surrendered upon the incorporation of the University | |
| d. ‘Minority’ as on the commencement of the Constitution | |
| v. Indicia for the ‘establishment’ of a minority educational institution | |
| vi. Impact of Entry 63 of List I on the minority status of educational institutions | |
| vii. The decision of this Court in Prof. Ya | |
Yunus Ali Sha v. Mohamed Abdul Kalam
S Azeez Basha v. Union of India
TMA Pai Foundation v. State of Karnataka
Indira Sawhney (II) v. Union of India & Ors.
Prof. Yashpal v. State of Chhattisgarh
Central Board of Dawoodi Bohra Community v. State of Maharashtra
A.K. Gopalan v. State of Madras
Rustom Cavasjee Cooper v. Union of India
Maneka Gandhi v. Union of India
DAV College v. State of Punjab (II)
Ahmedabad St. Xavier’s College Society v. State of Gujarat, (1974) 1 SCC 717 [Para 45
Rev. Father W Proost v. State of Bihar, (1969) 2 SCR 73 [Para 45
PA Inamdar v. State of Maharashtra, (2005) 6 SCC 537 [Para 57
State of Kerala v. Very Rev. Mother Provincial
Manager, St. Thomas UP School v. Commr. & Secy, to General Education Dept.
DAV College Trust & Management Society v. State of Maharashtra
Rev. Bishop SK Patro v. State of Bihar
Keshavan Madhava Menon v. State of Bombay
Dalco Engg. (P) Ltd. v. Satish Prabhakar Padhye
Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi (1975) 1 SCC 421 [Para 116]
Vaish Degree College v. Lakshmi Narain
Aligarh Muslim University v. Naresh Agarwal
P.A. Inamdar v. State of Maharashtra
Islamic Academy of Education and Anr. v. State of Karnataka and Ors.
St. Stephen's College v. University of Delhi
Secy., Malankara Syrian Catholic College v. T. Jose & Ors.
Central Board of Dawoodi Bohra Community and another v. State of Maharashtra and another
Shanker Raju v. Union of India
Right Rev. Bishop S.K. Patro v. State of Bihar
A.P. Christian Medical Educational Society v. Govt. of A.P & Anr.
Dalco Engg. (P) Ltd. v. Satish Prabhakar Padhye and Ors.
Father W. Proost and Ors. v. State of Bihar and Ors.
Ahmedabad St. Xaviers College Society and Anr. v. State of Gujarat and Anr.
Gandhi Faiz-e-am-College v. University of Agra and Anr.
All Saints High School v. Govt. of A.P. and Ors.
Christian Medical College Vellore Assn. v. Union of India
P.A. Inamdar, supra note 48, Para 140; Modern School v. Union of India and Ors.
Father Thomas Shingare and Ors. v. State of Maharashtra and Ors.
Andhra Kesari College of Education v. State of A.P.
Rev. Sidhajbhai Sabhai v. State of Bombay
Union of India vs. Tulsiram Patel, (1985) 3 SCC 398 on 11th July
Aligarh Muslim University vs. Naresh Agarwal and Ors.
Supertech Ltd. Vs. Emerald Court Owner Residents Association
Maganlal Chhaganlal (P) Ltd. vs. Municipal Corpn. of Greater Bombay
Pradip Chandra Parija vs. Pramod Chandra Patnaik
Campaign for Judicial Accountability and Reforms vs. Union of India
T.M.A. Pai Foundation and ors. vs. State of Karnataka and ors.
Islamic Academy of Education vs. State of Karnataka
P.A. Inamdar vs. State of Maharashtra
Prof. Yashpal vs. State of Chhattisgarh
State of Kerala vs. Very Rev. Mother Provincial
St. Stephen’s College vs. University of Delhi (1992) 1 SCC 558 [Para 78]
A.P. Christian Medical Educational Society vs. Govt. of A.P. (1986) 2 SCC 667 [Para 85]
Ahmedabad St. Xavier's College Society vs. State of Gujarat
T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481 [Para 3, 32
P.A. Inamdar v. State of Maharashtra, (2005) 6 SCC 537 [Para 3
S. Azeez Basha v. Union of India
Prof. Yashpal v. State of Chhattisgarh, (2005) 5 SCC 420 [Para 33
In Re Kerala Education Bill, 1957
Sidhajbhai Sabhai v. State of Bombay
Dalco Engineering Pvt. Ltd. v. Satish Prabhakar Padhye, (2010) 4 SCC 378 [Para 57
Dir. of Endowments Gov. of Hyderabad v. Syed Akram Ali
Ahmedabad St. Xavier's College Society v. State of Gujarat, (1974) 1 SCC 717 [Para 62, 149
State of Kerala v. Very Rev. Mother Provincial, (1970) 2 SCC 417 [Para 62
Hyderabad Asbestos Cement Products v. Union of India
M. Siddiq (Ram Janambhumi Temple Reference-5J) v. Mahant Suresh Das
Indra Sawhney v. Union of India & Anr.
Mullaperiyar Environmental Protection Forum v. Union Of India & Ors
Sukhdev Singh v. Bhagatram Sardar Singh Raghuvanshi, (1975) 1 SCC 421 [Para 77
Sardar Syedna Taher Saifuddin Saheb v. State of Bombay
Bharat Petroleum Corpn. Ltd. v. Mumbai Shramik Sangha
Pradip Chandra Parija v. Pramod Chandra Patnaik
Chandra Prakash v. State of U.P.
Arya Samaj Education Trust v. Director of Education
Central Board of Dawoodi Bohra Community and Anr. v. State of Maharashtra and Anr
Govt. of A.P. v. B. Satyanarayana Rao
Shrimanth Balasaheb Patil v. Speaker, Karnataka Legislative Assembly
Joint Commissioner of Income Tax, Surat v. Saheli Leasing & Industries Ltd.
Kantaru Rajeevaru (Right to Religion, In re-9 J.) (2) v. Indian Young Lawyers Association
Dayanand Anglo Vedic (DAV) College Trust and Management Society v. State of Maharashtra
Milkfood Ltd. v. GMC Ice Cream Private Ltd.
Narinder Singh v. State of Punjab
Rev. Father Proost v. State of Bihar
Right Rev. Bishop S.K. Patro v. State of Bihar
D.A.V. College v. State of Punjab
Gandhi Faiz-e-am-College v. University of Agra
Rt. Rev. Msgr. Mark Netto v. State of Kerala
Christian Medical College Hospital Employees' Union v. Christian Medical College Vellore Association
Al-Karim Educational Trust v. State of Bihar
Society of St. Joseph's College v. Union of India
Secy., Malankara Syrian Catholic College v. T. Jose
Satimbla Sharma v. St Paul's Senior Secondary School
Durgah Committee, Ajmer v. Syed Hussain Ali
P.S. Sathappan v. Andhra Bank Ltd. & Ors.
Goan Real Estate & Construction Ltd. & Anr. v. Union of India
Executive Committee of Vaish Degree College v. Lakshmi Narain
Rabindranath Bose v. Union of India
Guru Datta Sharma v. State of Bihar
KS Puttaswamy (Privacy-9 J.) v. Union of India
The right of minority educational institutions to administer admissions under Article 30(1) is subject to reasonable regulations by the State to maintain educational standards.
The fixation of government seat quotas in unaided minority institutions is unconstitutional and violates their fundamental right to autonomy under Article 30(1) of the Constitution.
Point of Law : Law could not be deemed to be unreasonable unless it was totally destructive or annihilative of the right under Art.30(1).
Minority educational institutions can be established without prior permission, but the State may require a minimum percentage of admissions from the minority community to maintain their status.
The rights of minorities to establish and administer educational institutions of their choice under Article 30 of the Constitution of India are subject to reasonable regulations that are necessary to....
UGC Regulations cannot interfere with the fundamental rights of minority institutions to administer their educational affairs, as mandated by Article 30(1) of the Constitution.
Governing Body” or the “Managing Council” — which are mentioned in Sections 54 and 55 of the “M.G.University Act” — are only advisory in nature and distinct from the Management or Educational Agency,....
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