NEW DELHI: The Supreme Court on Friday deferred the question of Aligarh Muslim University's minority status to a fresh bench and overruled the 1967 judgement that said the university cannot be considered a minority institution since it was created by a central law.
Pronouncing the majority verdict, Chief Justice D Y Chandrachud laid down tests for considering the issue of minority status of AMU.
The apex court by a 4:3 majority said the judicial records of the case should be placed before the CJI for setting up a fresh bench to decide the validity of a 2006 Allahabad High Court verdict.
In January 2006, the high court had struck down the provision of the 1981 law by which AMU was accorded minority status.
At the outset, CJI Chandrachud said there were four separate opinions, including three dissenting verdicts.
The CJI said he has written the majority verdict for himself and Justices Sanjiv Khanna, JB Pardiwala, Manoj Misra.
Justice Chandrachud said Justices Surya Kant, Dipankar Datta and Satish Chandra Sharma have penned their separate dissenting verdicts.
Justice Surya Kant is reading out his dissent and the pronouncement is underway.
A five-judge Constitution bench had in the S Azeez Basha versus Union of India case in 1967 held that since AMU was a central university, it cannot be considered a minority institution.
However, the fabled institution got back its minority status when Parliament passed the AMU (Amendment) Act in 1981.