Supporting the minority status granted to Jamia Millia Islamia University by the National Commission for Minority Educational Institutions, the human resources development (HRD) ministry on Monday, in an affidavit submitted to the division bench comprising Chief Justice of the Delhi high court Dipak Misra and Justice Sanjiv Khanna, said that it respects the NCMEI’s decision.
“The NCMEI has declared that Jamia Milia Islamia is a minority institution by virtue of its powers exercised under the relevant provisions of NCMEI
Act, and the Government of India respects the declaration made by the commission,” the affidavit of the HRD said.
The court had earlier sought the government’s stand on a plea challenging the NCMEI’s declaration. The plea contended the commission has no
jurisdiction or authority to declare it as a minority institution.
The bench asked the counsel for the parties to argue as to whether the institution was established by the members of the minority community.
“Show us whether Jamia was established by the members of Muslim community or not and whether the institution was being administered by the members
of minority community,” the bench said.
Appearing for the petitioner, senior advocate K.K. Rai said the commission has wrongly declared the university a minority institution.
Citing the Supreme Court ruling which had said Aligarh Muslim University is not a minority institution, Mr Rai argued the University was
established by an Act of Parliament and the commission has no power to decide on it.