The National commission for schedule castes, a constitutional body set up under Article 338 of the constitution on Friday issued notice to the Aligarh Muslim University to furnish reply within 15 days stating the reason preventing the Central University from extending the constitutional benefits of reservation to the SCs/OBCs. The notice said “reservation in admission and services are a constitutional right for the SCs/OBCs for their educational and economic welfare hence what prevents the AMU from extending the same to the reserve category students and same needs to informed to the NCSC’.
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The NCSC in six point notice to the AMU said “ the Supreme court in its interim order on April 24, 2006 has said “ the learned counsel for AMU Aligarh Muslim University undertakes that they will not implement 50 percent quota for admission’’. The NCSC said “as per the prospectus of the university, it is seen that 5o % of the seats of 36 professional courses mainly post graduate courses have been reserved for the muslim candidates’’. The commission has asked the university to give reason as to why AMU violated its undertaking given to the Supreme Court.
The Supreme Court in 1967 in Azeez Basha judgment stated that AMU was not a minority institution as it had been established by an act of parliament. The NCSC has asked for the reasons from AMU as to why the SCs/OBCs were denied the benefits of reservation 1968 to 2006.
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The NCSC has also asked the AMU to submit the copies of the affidavit filed in Special leave petition of 2006 and copy of the counter affidavit filed in 2016 in the Supreme Court. The Allahabad high court in 2005 had quashed the minority character of the AMU. The AMU had filed an SLP in Supreme Court in 2006. The then Congress led UPA government had supported the SLP of the AMU and had also filed an affidavit in its support.
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The Narendra Modi government in 2016 had withdrawn the affidavit supporting the AMUs SLP filed by the Congress led UPA government in 2006. The AMU had however announced that despite the withdrawal of the affidavit by the Central government it would continue to pursue its case in the apex court. The NCSC has sought the copy of the counter affidavit filed by the AMU in 2016.
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