An educational institution established by a minority community will not lose its identity once it is recognised through a statute, the Supreme Court has declared recently.
The petitioners had challenged the five-judge Bench judgment in the 1967 case of S. Azeez Basha versus Union of India.
It had held that the AMU was a Central university and cannot be considered a minority institution.
It has also held that religious minorities did not have the right to administer educational institutions which were not established by them, and cannot claim protection under Article 30(1) of the Constitution.
Article 30(1) upholds the right of religious and linguistic minorities to establish and administer their own educational institutions.
The minority status of the AMU, established in 1875, was then restored by the Parliament through the AMU (Amendment) Act in 1981.