Centre has decided to withdraw its appeal from the Supreme Court against the Allahabad High Court verdict holding Aligarh Muslim University as a non-minority institution.
Attorney General Mukul Rohatgi today told the Supreme Court that it would withdraw the appeal filed by the erstwhile UPA government challenging the Allahabad High Court verdict holding the Aligarh Muslim University( AMU) as non-minority institution.
Attorney General Mukul Rohatgi told a three-judge bench headed by Justice J S Kehar about the Centre’s decision to withdraw the appeal.
He submitted that the AMU was set up by a central Act and a five-judge Constitution bench of the apex court had in 1967 in Aziz Basha judgement held it as a central university and not a minority institution. Mr. Rohatgi said 20 years later, an amendment was brought in 1981 to accord the university minority status which was held as unconstitutional by the High Court in January 2006.
Earlier, the bench permitted the Centre to file an application along with an affidavit within eight weeks to withdraw the appeal filed by it. The bench said the AMU, which was represented by senior advocate P P Rao, can file the counter-affidavit to the Centre’s stand and posted the matter for hearing after the summer vacation.
The issue of AMU’s minority status had cropped up before another bench headed by Chief Justice T S Thakur which was hearing a separate matter relating to the challenge of appointment of its Vice Chancellor Lt General (retd) Zameeruddin Shah.