Tipu Varsity Row: No Provision for Minority University Under Law, says Rama Jois

Daijiworld Media Network - Bangalore

Bangalore, Jan 19: As the verbal battle between BJP and Congress rages over central government's proposal to establish five universities across the country named after Tipu Sultan, including one at Srirangapattana, a retired judge has said that minorities have no Constitutional right to establish a university.

Justice Rama Jois, retired judge and member of Rajya Sabha has said that though minorities have the right to establish the education institutions, there cannot be universities meant specially for minorities.

"According to the Article 30 of the Indian Constitution, it is the fundamental right of minorities to establish, administer education institution of their choice. Language and religious minorities have the right to establish registered society, trust, education and private companies.

"Previously in the Aligarh Muslim University case between Aziz Basha and the central government, the Supreme Court ruled that once a university is established under the law, then it becomes the property of the state. No state is reserved for any one religion," said Ram Jois.

In 1981 to provide reservation to Muslims in Aligarh University, the AMU Act was amended. Later the Allahabad high court revoked the minority status and reaffirmed Supreme Court's previous verdict that AMU cannot be a minority institution. The Supreme Court, later, though it restored the tag of minority institution to AMU, restrained it from alloting 50 percent reservation to Muslims.

"According to law, language and religious minorities can establish educational institutions but the degree can be granted only by a recognized university. Hence in this sense, established universities are for all and special provision cannot be provided to Muslims. Discriminating in the name of religion is against the constitution," said Rama Jois.