Aligarh Muslim University Vs Naresh Agarwal & Ors. (Supreme Court of India)
Summary: By a 4:3 majority, the Supreme Court held that an educational institution does not lose or become ineligible for minority status merely because it derives its legal character from a statute. Overruling the contrary proposition in S. Azeez Basha v. Union of India, the Court ruled that universities established before the Constitution may claim protection under Article 30(1). Minority status depends upon whether the institution was established by a religious or linguistic minority, assessed through its ideation, predominant purpose, implementation and administrative structure. The majority did not conclusively declare Aligarh Muslim University a minority institution; that factual and legal question was left to a regular Bench for determination under the principles laid down in the judgment.
A seven-Judge Constitution Bench considered the meaning of the right granted to religious and linguistic minorities under Article 30(1) of the Constitution to establish and administer educational institutions of their choice. The principal controversy concerned whether Aligarh Muslim University could claim minority status despite having been established and incorporated under the Aligarh Muslim University Act, 1920.
The majority explained that Article 30(1) operates both as an anti-discrimination guarantee and as a source of special protection. Any legislative or executive action discriminating against religious or linguistic minorities in the establishment or administration of educational institutions would violate Article 30(1). At the same time, an institution established by a minority receives greater autonomy in its administration.
