Statutory Incorporation Does Not Erase a University's Minority Character: Seven-Judge Bench Overrules Azeez Basha by Majority

The Muhammadan Anglo-Oriental College at Aligarh became a university under the Aligarh Muslim University Act 1920 (Chandrachud CJI, para 2). In Azeez Basha a Constitution Bench held that AMU was brought into existence by the 1920 Act and was not established by the Muslim minority (Chandrachud CJI, para 4). A two-Judge Bench doubted that view in 1981, and Parliament then amended the AMU Act (Chandrachud CJI, paras 5-6). The Allahabad High Court struck down AMU's 50% reservation for Muslim candidates in postgraduate medical courses and the 1981 amendments (Chandrachud CJI, paras 9, 12-14). In 2019 a three-Judge Bench referred the matter to seven Judges (Chandrachud CJI, paras 15-16).

The majority held the 1981 reference valid, as the two-Judge Bench only doubted Azeez Basha and sought placement before the Chief Justice (Chandrachud CJI, paras 39, 160). Article 30(1) is both a non-discrimination guarantee and a special right of autonomy in administration (Chandrachud CJI, paras 65, 160). It covers universities and colleges founded before the Constitution, and the founders' minority status is judged as on its commencement (Chandrachud CJI, paras 86, 96, 122). Incorporation and establishment differ: incorporation by statute, needed before 1950 for recognised degrees, does not surrender minority character, and formalism must give way to actuality (Chandrachud CJI, paras 94, 98, 107, 112). Establishment is shown by ideation, purpose and implementation, proved by primary material, with an administrative set-up affirming the minority character (Chandrachud CJI, paras 135-139, 142). Entry 63, Prof. Yashpal and the 2010 NCMEI amendment do not alter this (Chandrachud CJI, paras 148, 153, 157). Surya Kant J. held the 1981 reference not maintainable and required a conjunctive test of establishment and administration (Surya Kant J., para 192). Datta J. held AMU not a minority institution (Datta J., paras 149-150); Sharma J. read 'establish' as bringing the institution into existence (Sharma J., para 266).