New Delhi, May 04: Does the National Commission for Minority Educational Institution (NCMEI) has power to decide whether Jamia Milia Islamia should get minority status?
This was today argued before the three-member bench of the commission which asked the concerned parties to submit documents to finalise whether the petition on minority status for Jamia is outside the cognisance of the NCMEI.
The bench, headed by NCMEI chairman justice M S A Siddiqui, framed two major issues which have bearing on the matter of minority status for Jamia.
“The issues are whether this case is outside the cognisance of the commission and whether Jamia is covered under Article 30 of the Constitution. Let the parties file their evidence on the issues,” Siddiqui observed.
The Article 30 of the Constitution gives right to minorities to establish and administer educational institution of their choice.
Jamia Milia Islamia was established in 1920. It became a Central University by an act of Parliament in 1988.
It is yet to be recognised as a minority institution. Teachers and students of the university have petitioned before the NCMEI, a quasi judicial body, to grant minority status to Jamia.
Feroz Bakht, an educationists who is an intervener in the case, has demanded the present status of the university should continue and it should not get minority status.
Senior advocate K K Rai, who represented Bakht, argued that the NCMEI does not have the power to adjudicate the matter pertaining to Jamai which is a central university.
The NCMEI Act says that a minority educational institution means a college or institution (other than a university) established or maintained by a person or group of persons from among the
minorities.
The government is presently proposing to amend the NCMEI Act to empower the statutory body to award minority status to universities.
“As of now the universities do not come under the purview of the NCMEI. How can it adjudicate such matter,” Rai argued.
Tarique Siddique, the lawyer representing the teachers of Jamia, said the institute was established by the minorities and should get minority status.
The ministry of minority affairs has said a similar case concerning the minority status of Aligarh Muslim University (AMU) has been pending before Supreme Court.
The order of the apex court on the AMU issue will have a bearing on the minority status to Jamia, it said.
Justice Siddiqui posted the matter till September 21 for next hearing.
-PTI