As per a recent report Jamia Millia Islamia will no longer be a minority institution. An affidavit will be filed soon by the Ministry of Human Resource and Development (MHRD) claiming that the declaration of the university as a religious minority institution was an error as it was set up by an Act of Parliament and is funded by the Center.
According to the report, the MHRD will state in the affidavit that its support for the order of the National Commission for Minority Educational Institutions (NCMEI) on February 22, 2011, declaring Jamia a religious minority institution, was a complete error in its understanding of the legal position.
Earlier, it was advised by the Attorney General of India, Mukul Rohatgi, to Smriti Irani-led MHRD that the ministry is entitled to change its perspective in court and take back its decision on Jamia being a minority institute, and that to respect the order of NCMEI was not in accordance with the law.
In the Azeez Basha case, the government will rely on the decision of the Supreme Court, which declared that Aligarh Muslim University was not a minority university since it was established by the British legislature and not by the Muslim community.
The reservation for SC/ST and OBC students has already been discontinued by Jamia, after considering the 2011 NCMEI order. Half of the seats are reserved in each course for Muslim candidates – 30 percent for general Muslim applicants, 10 percent for Muslim women applicants and 10 percent for Muslim Other Backward Classes and Scheduled Tribes as notified under the Central government list.