New Delhi: Rows over minority status granted to Jamia Millia Islamia (JMI) varsity which is now being opposed by Centre. The status was granted by the National Commission for Minority Educational Institutions (NCMEI) who declared the varsity as a religious minority institution.
On Tuesday the JMI Tuesday opposed Centre’s revised affidavit on the status in the Delhi High Court stating that the Centre’s stand on “arbitrary altering of written pleadings in the matter is against the provisions of the law,” Indian express reported.
The JMI added that in 2011 the Union of India had filed an affidavit respecting the NCMEI’s declaration of the varsity as a religious minority educational institute.
“Now the Centre sought to replace the existing affidavit on record with a new affidavit through which an absolute contrary stand is sought to be taken. After almost seven years the UOI is trying to alter its written pleadings, admissions on oath by way of its affidavit… and deny Jamia the minority educational institution status that has been rightfully declared by the NCMEI,” the JMI affidavit said adding that Centre’s plea to replace the previous affidavit on record is “categorically and unequivocally objected” as it “will cause prejudice and injustice to the parties”.
Previously a bench headed by Acting Chief Justice Gita Mittal allowed Centre to withdraw their affidavit filed in August 2011 that had granted Jamia minority status, and allowed new fresh affidavits and pleas seeking to quash the NCMEI’s February 2011 verdict.
“Granting this prayer will also set a bad precedent for future judicial procedures where the parties will vacillate and change their written pleadings according to their whims and fancies,” the JMI affidavit had stated on Tuesday.
Accepting Centre’s plea to withdraw the previous affidavit that granted the minority status and allowing it to replace it with new affidavit quashing the status and NCMEI’s order that granted the minority status, the bench had issued a notice to parties involved in the case and sought their stand on the Centre’s application to withdraw the original affidavit filed in 2011 and substitute the present one in its place.
The court also observed that it was “unfair and unjust” in not giving the parties involved in the case an opportunity to put their stand before deciding on the next hearing on August 14.
Vijay Kumar Sharma, Tuba Bharti Samiti NGO head had also alleged that “the Jamia Millia Islamia Act, 1988, incorporates and establishes the university and dissolves the Jamia Millia Islamia Society, which was managing and running it, and the NCMEI has no jurisdiction or authority to declare it a minority institution”.