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1 - 6 of 6 (0.28 seconds)S. Azeez Basha And Anr vs Union Of India on 20 October, 1967
5A. What is contended by Mr. S.Krishnaswami, learned Government Advocate appearing for the State, is that in order to attract the provisions contemplated in Art. 30(1) of the Constitution of India, the minority community must not only establish the institution but also administer the same, and mere right of management will not give them the protection under Article 30(1) of the Constitution of India. The case reported in Azeez Badsha v. Union of India, , will not help the respondent-State. That case was concerned with Aligarh Muslim University and it was found that the University was not established by the Muslim minority. The Aligarh University when it came into existence in 1920 was established by the Central Legislature by the Aligarh Muslim University Act 1920 and it may be t4at the 1920 Act was passed as a result of the efforts of the Muslim minority. But that does not mean that the Aligarh University when it came into being under the 1920 Act was established by the Muslim minority. As the Aligarh University was neither established nor administered by the Muslim minority, there is no question of any amendment to the 1920 Act made by the Amending Acts of 1951 and 1965 being unconstitutional under Art. 30(1) of the Constitution of India for that Article does not apply at all to the Aligarh University.
Article 30 in Constitution of India [Constitution]
Section 80 in The Code of Civil Procedure, 1908 [Entire Act]
Aligarh Muslim University Act, 1920
The States Reorganisation Act, 1956
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