By Md. Ali, TwoCircles.net,
New Delhi: “Jamia Millia Islamia (JMI) has always been a minority institution. We have no hesitation in saying that Jamia was founded by Muslims for the benefit of Muslims and it never lost its identity as a Muslim minority educational institution,” said MSA Siddiqui, chairperson of the National Commission for Minority Educational Institutions (NCMEI) today while declaring minority character of JMI.
“History is being created today by the Commission (NCMEI) by declaring Jamia Millia Islamia a minority institution,” said Justice Siddiqui, while delivering the verdict in the case which was pending before the commission since 2006.
One of the prominent arguments given by the NCMEI while declaring Jamia a minority institution was that the university was created by the Muslims to explore the educational opportunities for the members of the community and it never lost its identity as a Muslim institution.
Established by Muslims
“In 1920, the Jamia was established in the wake of Khilafat and Non-Co operation movement with the main objective of exploring the methods by which Muslims’ education could be made purely national,” says the verdict running into 57 pages, a copy of which is with TwoCircles.net.
“Jamia was established by Muslims, for Muslims, though non-Muslims could be admitted… It was established for the purpose of keeping Muslim educational institutions entirely into the hands of Muslims and free from external control,” the verdict further says.
The judgment concludes, “The above history leads to one conclusion and one conclusion only that Jamia is a minority educational institution covered under Article 30 (1) of the Constitution.”
Very emotive issue
Justice Siddiqui accepted that “the case of Jamia has been a very emotive issue for Muslims, although we judged the case purely on the basis of law and reason.” Off the record, he also complained about the hostile attitude of the ministry of HRD which wanted the Commission to delay the decision because the case of minority character of Aligarh Muslim University is pending before the Supreme Court.
Advocate Tarique Siddiqui who argued for the minority status of Jamia before the commission on behalf of the Jamia Millia Islamia Students Union and JMI Old Boys Association told TwoCircles.net that the Commission relied heavily on Article 30 and Article 15 (5) of the Constitution while declaring Jamia as a minority institution.
Article 30 empowers the minorities with the right to establish and administer educational institutions of their choice and Article 15 (5) says that there won’t be any other reservation (for instance for Sc, ST) in a minority education institution.
At present JMI gives 25 % reservation (22 % for SC/ST + 3% for PH). After it has been declared a minority institution, it is empowered to provide 50% reservation for Muslim candidates and it won’t have any other reservation for SC/ST candidates.
No reaction: Jamia VC
“I have no reaction on this verdict,” said Najeeb Jang, VC of JMI, when contacted by TCN
“It is a historical decision which has warded off fears that its character as a Muslim educational institution might be diluted,” said secretary of Jamia Teachers Association, Rizwan Qaiser while reacting to the NCMEI’s verdict.
“Jamia is a secular institution and in spite of being declared a minority educational institution, it will continue to remain a secular institution with its larger cultural and historical heritage,” added Mr. Qaiser.
There were many twists and turns so far in the case of Jamia’s minority character. The matter was pending before the Commission since 2006.
Interestingly the university itself was a little reluctant to pursue the case of its minority character. Mushirul Hassan, the former VC of JMI opposed the proposal during his tenure. He refused to comment specifically on the NCNEI’s verdict declaring JMI as a minority institution, “I don’t want to comment on this issue as I am no longer associated with the university.”
The community, teachers and alumni have been very much active for the cause. They took the case to the NCMEI, a quasi-judicial constitutional body that is empowered to decide such issues. Various teachers’ bodies of the university have been in the forefront of the movement for the character. They intensified their effort after last year’s central government order to implement 27% OBC quota in all central universities.
Rizwan Qaiser, secretary Jamia Teachers Association talking to press after the verdict
Being a central university, Jamia was also bound to implement the order but it has since been protested. The UGC had even threatened to withhold the grants to the varsity if it did not implement the OBC quota order. The community had feared that once the quota was brought into practice, it will be almost impossible for the university to take the minority status. So they took the case to the NCMEI which today (22nd Feb. 2011) pronounced its judgment in favor of the proponents of minority character.
Impact on AMU’s case
Talking to TwoCircles.net, Justice Siddqui said that, this “historical” decision is bound to have a positive impact on the case of Aligarh Muslim University’s minority character which is pending before the constitutional bench of the Supreme Court.
“The cases of AMU and Jamia are similar in many respects which is why the Commission’s decision regarding Jamia’s minority character will have a huge impact on AMU’s case also,” said Mr. Siddiqui.
Justice Siddiqui particularly emphasized on the point that “Jamia’s case can’t be compared with Azzez Pasha’s judgment.”
In Azeez Pasha Versus Union of India, it was observed by the Court that AMU was not founded by Muslims because, even though Sir Syed established Anglo Mohammadan Oriental College in 1875. But it was transformed into Aligarh Muslim University, not by the Muslims of India, but through the legislation of the British Parliament which was the representative of the whole country
The NCMEI Chief said that “Jamia’s case is also a bit different from that of AMU in the sense it was a Muslim educational institution before it was turned into a central university by an Act of Parliament of India and even after that.”