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The substantial governmental assistance to AMU is a testament to its esteemed standing

NEW DELHI: The Union government has allocated Rs 5,467 crore from 2019-23 to cover nearly the entire expenses of Aligarh Muslim University (AMU), as highlighted by senior advocate Guru Krishna Kumar before the Supreme Court on Wednesday.

He questioned whether a minority-aided institution would have received such substantial funds from the Centre. Representing one of the original petitioners from the Allahabad HC, which, in 2006, invalidated AMU’s decision to reserve 50% of seats for Muslims in PG medical courses, Kumar informed the bench consisting of CJI D Y Chandrachud and Justices Sanjiv Khanna, Surya Kant, J B Pardiwala, Dipankar Datta, Manoj Misra, and Satish C Sharma. Kumar pointed out that Delhi University, during the same period, received Rs 2,709 crore, which is less than 50% of the allocation to AMU.

He argued that considering AMU’s consistent recognition as an institution of excellence and national importance by the framers of the Constitution and subsequent governments, it is a university for every citizen of India and should not be denominationally categorized. Kumar highlighted that other institutions of national importance received significantly lower grants during 2019-23, such as Jamia Millia Islamia – Rs 1,805 crore; Maulana Azad National Urdu University – Rs 672 crore; and University of Hyderabad – Rs 1,361 crore.

Senior advocate Neeraj K Kaul, representing another original petitioner before the HC, emphasized the historical facts surrounding AMU’s establishment and the successive governments’ stance that it is not a minority institution under Article 30 of the Constitution. He argued that Parliament’s 1981 amendment to the AMU Act, 1920, could not erase the historical context, including the university’s founding by the British through a statute and the patrons giving up minority status.

In rejoinder, senior advocate Rajeev Dhawan underscored the historical connection of AMU to the Muhammadan Anglo-Oriental College, established and managed by Muslims. He argued that AMU’s continuity from MAO, including the transfer of its assets and liabilities, indicates its rightful claim to minority status.

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