By Mumtaz Alam Falahi, TwoCircles.net,
New Delhi: Several bodies of academic as well as non-academic staff of Jamia Millia Islamia have jointly demanded 50% quota for Muslim community in all courses at the university, and urged the university authorities to prevent implementation of the 27% OBC quota at this central university.
They wrote a letter to Vice Chancellor Najeeb Jung on November 3 in which they resolved to render full support to the V-C in getting the impression of the University Grants Commission (UGC) displaced that Jamia Millia is not a minority educational institution.
The UGC, through DO No. F.35-4/2008 (CU-OBC) dated 06.10.2009 addressed to the V-C of Jamia Millia, asked the university to implement the OBC quota otherwise grants will not be released.
The UGC order said: “It was decided by the Empowered Committee that the University may be instructed to implement the OBC Reservation immediately as it is statutory requirement. It was further decided by the Empowered Committee that if the university fails to comply the instructions of Government of India, MHRD/UGC, the non-plan grant to JMI from the financial year 2010-11 may not be released.”
Referring to this UGC order the Jamia staff bodies said that “not only the terms of the UGC letter are violative of the Constitution but the tenor is also uncalled for.”
“UGC may be informed about the directive issued by the MHRD vide D.O. No. F.5.6.1/2006-Desk (U) dated 03.04.2006 whereby JMI was instructed to take appropriate steps to admit students from Muslim minority community at least to the extent of 50%,” they said.
The implementation of reservation of 27% for OBC will affect the continuity of Minority Educational Institution status of JMI, they said and urged the V-C to immediately bring the issue to higher bodies of Jamia Millia for discussion.
“The issue of minority status of JMI and 50% reservation of Muslim minority community is lingering on for one reason or other. Therefore, we request you to bring the issues of effect and consequence of implementation of reservation of 27% for OBC which will affect the continuity of Minority Education Institution status of JMI and reservation of 50% of Muslim students in the AC and EC at the earliest,” their letter to the V-C said.
Signatories to the letter include Prof. T A Khan and Prof N U Khan, president and secretary of Jamia Teachers Association, Mohd. Sultan Umar and M Akhlaq, president and secretary of Jamia Administrative Staff Association, Javed Alam, president, Jamia Old Boys Association, Naseeruddin, president, Jamia School Teacher Association, and Mohd Yunus, president, SRK Association.
The same bodies along with Elected University Teachers to the Academic Council had held a meeting on 12th October in the committee room of Faculty of Engineering, and unanimously adopted the following resolution:
“Jamia Milia Islamia is a Minority Educational Institution under article 30(1) of the Constitution of India. The JMI was established by the prominent members of Muslim Community particularly for the benefit of Muslims. The JM1 Society was granted the status of a Deemed University in 1962 under UGC Act, 1956. The same JMI was formally incorporated as a Central University by an Act of Parliament known as Jamia Millia Islamia Act, 1988. The Act in sections 2(0) and 4(i), emphasizes, underlines and reiterates the predominant Muslim minority character of this Institution.
The Jamia Millia Islamia Act 1988 codified, declared, confirmed and encapsulated the continuous and pre-existing factual and legal position of Jamia Millia Islamia by incorporating the existing institution formally under the Act as a Central University.
The judgment of Hon’ble Supreme Court in St. Stephen’s Case [1992 (1) SCC 558] allowed the minority institutions to admit student of own minority community to the extent of 50% and it held the field at that point of time without any controversy. The recent judgments not only restore the position flowing from St. Stephen’s Case but virtually enlarge the powers, privileges and scope of the minority institutions in respect of admission of the students from their own community. Now, it has been recognized that there is no limit of even 50% intake from own community. The minority institution may admit students of their own community even beyond 50% provided it is the need of community.