The Centre has decided to tell the court that Jamia Millia Islamia’s (JMI) was never intended to be a minority institution. The HRD ministry will file an affidavit in the already pending writ petitions in the Delhi high court.
The Centre had earlier supported the order of the national commission for minority educational institutions (NCMEI) on 22 February, 2011 that had declared JMI a religious minority institution.
But, on the basis of the fact that the institution was set up by an Act of Parliament and is backed by the government, the Centre will tell the court that it took the earlier stand because of a mistake in its understanding of the legal position.
Former attorney general, Mukul Rohatgi had told the HRD ministry that it was entitled to change its view in court. He said the government can change its stand that JMI is not a minority institution.
Earlier, the BJP-led government had opposed that no institution can have both a minority status and be a central university. Except for government, the academicians too stood separated over the decision to revoke the minority status of Aligarh Muslim University and Jamia Millia Islamia earlier.
Some academicians said that the minority tag prohibited certain sections of the society from having easy access to higher education. However, others said it will not only breach on the right of the Muslims but will also be against the constitution.
