Save Minority Status of Jamia Millia IslamiaJAMIA IS LOOSING ITS “HISTORICAL CHARACTER” PUT HANDS TO GETHER TO SAVE JAMIA MILLIA ISLAMIA FROM THE ILLEGAL DESIGN OF OPPORTUNISTIC INDIVIDUALS WHO ARE TRYING TO IMPLEMENT THEIR HIDDEN AGENDA.
WE ARE LOOSING TIME. COME TOGETHER AND JOIN HANDS FAST SO THAT WE FIGHT AND SAVE THE “MINORITY STATUS” OF JAMIA MILLIA ISLAMIA AND ALSO THE EDUCATIONAL RIGHTS OF UNDER PREVILEGED MUSLIM MINORITY.
1. The 11 Judge Bench of the Hon’ble Supreme Court in T.M.A. Pai Foundation Case has held with great emphasis that:
“Article 30 is a special right conferred on the religious and linguistic minority because of their numerical handicap and to instill in them a sense of security and confidence …..”
2. Jamia Millia Islamia is a minority institution under Article 30 (1) of the constitution of India. The members of the Muslim minority community established this institution in 1920 during the Khilafat and Non-Cooperation movement in response to Gandhiji’s call for boycott of all government sponsored educational institutions.
3.The stand of Jamia to the effect that Jamia Millia Islami is a minority institution under article 30(1) of the constitution is an undisputed fact. When the issue of admission policy came before the Hon’ble court of Delhi in Aftab Alam Saklaini’s case (LPA No. 132/1997) and Sajid Ahmed’s case (WP9C) 10526/05), the Jamia has taken a clear stand that it has been a minority institution since its inception right from 1920.
4.The objectives behind the establishment of Jamia Millia Islamia as mentioned in the memorandum of association of Jamia Millia Islamia Society, Delhi as registered in 1939 under the Societies Registration Act, 1860 clearly states as follows:
“To promote and provide for the religious and secular education of Indians, particularly Muslims, in the Jamia Millia Islamia in conformity with sound principles of education and in consonance with the needs of national life and to that end to establish and maintain suitable institutions within Jamia campus and to set up and organize educational extension centres in the Union Territory of Delhi from time to time.”
5. Jamia Millia Islamia was declared a Deemed University in 1962. After grant of status of deemed university the character of Jamia Millia Islamia was not changed. In 1988 it was granted the status of a central university by an act of parliament known as Jamia Millia Islamia Act 1988 [(58 of 1988)]. By the said act Jamia Millia Islamia society {property of Muslim Community} was dissolved and all the properties, rights, powers & privileges of the said society were transferred and vested in the university as contemplated in section 4(i) of the Act.
6.The Majlis-e-Muntazimah (Executive Council) of the Jamia Millia Islamia in its meeting held on 09.05.97 adopted the resolution regarding the minority status of Jamia. The relevant portion of the said resolution reads as: “The Jamia Millia Islamia embodies the liberal and the secular spirit of our constitution. At the same time this institution reflects the educational and intellectual aspirations of Indian Muslims. For this reason it is important that the Jamia Millia Islamia be declared as a minority institution so that its historic character is intact.”
7. The National Commission for Minorities (NCM) also recommended vide its statutory recommendation No. NCM/SR/97/26 dated 06.05.97 to the Ministry of Human Resource Development that “a proper amendment to the JMI Act,1988 may be made to ensure ‘Minority Character’ of the institution.
8. on 01.08.97 the issue of minority status of this university was raised in the Rajya Sabha, the government replied that: ---- “As the question relating to grant of minority status to educational institutions, including universities, are currently sub-judice before an 11- Judge Bench of Hon’ble Supreme Court, a decision on these issues by the government could not be possible at this stage.”
9. The TMA Pai case has been decided by the 11judge bench of the Hon’ble Supreme Court in 2002 with the observation that: ---- “A minority institution dopes not cease to be so, the moment grant in aid is received by the institution. An aided minority educational institution, therefore, would be entitled to have the right of admission of students belonging to the minority group and at the same time, would be required to admit reasonable extent of non minority students….”
10. The ministry of HRD issued directive D.O. No. F -612006 – Desk (U) dated 03.04.02 to the Jamia Millia Islamia to take appropriate steps to admit students from Muslim minority community at least to the extent of 50%. This directive of the government has neither being brought into effect nor was brought before the academic and Executive councils of Jamia.
11.The Jamia Teachers’ Association (JTA), Jamia Old Boys Association and Jamia Students’ Union have filed separate petitions in 2006 before the National Commission for Minority Educational Institutions for declaration / issuance of certificate regarding minority status of Jamia Millia Islamia and for direction to the Jamia authorities to reserve at least 50% seats for the students belonging to underprivileged Muslim minority community in each course.12.In response to the above petitions before the NCMEI the government filed reply vide its letter dated 04.10.2006 stating that: ----“A similar matter regarding the minority character of an other central university, namely, Aligarh Muslim University, is sub-judice in the Hon’ble supreme court, where the interpretation of the term “establishing” a university as was laid down in the “Azeez Basha” matter is under challenge. The orders of the Hon’ble supreme court in that matter may have a bearing on the issues at hand in the present case of JMI.
13.The Sachchar Committee report is an eye-opener. There is hardly any representation of the Muslim community especially in the field of technical and professional education. It has been recommended that it is high time to offer succour to the Muslim minority community so that they may join the mainstream.
14.Prof. Musheerul Hasan, the present VC is deliberately and intentionally trying to defeat the claim of Muslim minority by depriving the educational rights of students belonging to insecure and underprivileged Muslim minority community in JMI, knowing fully well that implementation of the Central educational institutions (reservation in Admission) Act, 2006” means forfeiture of minority status” of Jamia Millia Islamia and also forfeiture of minority rights of insecure and underprivileged Muslim students. He has written to the government that reservation policy in admission of the students mentioned in the Act, 2066 could be implemented in Jamia Millia Islami.
15.Section 4© of “the Central Educational Institutions (Reservation in Admission) Act, 2006” clearly states that the reservation mentioned in this Act shall not apply to a minority educational institution as defined in the said act under section 2(f), which is: -----“Minority Educational Institutions” means an institution established and administered by minorities under clause (1) of the Article 30 of the constitution of India & so declared by an Act of parliament or by the central government or declared as a minority educational institution under “the National Commission for Minorities Educational Institutions Act 2004”.
We (JTA/JMIOBA/JMISU) appeal to all concerned and well-wishers of Jamia Millia Islamia to pursue the matter with the government and the Jamia authorities
to reserve at least 50% seats for students belonging to Muslim Minority community in all courses and not to implement “the Central Educational Instituion (Reservation in Admission) Act, 2006 in Jamia Millia Islamia, as the said act is not applicable on minority educational institutions.
