REGENT COMPUTRONICS PVT. LTD.

NARESH AGARWAL Appellant

V/S

UNION OF INDIA Respondents

Referred Judgements :-

JUDGEMENT

(1.) These five connected writ petitions have been filed by 34 petitioners who have obtained a degree of MBBS and claim a right to be considered for admission to Post Graduate, Medical Courses of Aligarh Muslim University. For admission to Post Graduate Medical Courses of Azeez Basha v. Union, of India, AIR 1968 SC 662 etermined (a) 25% of the total seats o be filled on the basis of All India Entrance Examination conducted by the All India Institute of Medical Sciences, New Delhi, commonly known as All India Entra Karnataka Public Service Commission and Ors., 1990 (3) SCC 157 been divided to be filled as follows :

(2.) The petitioners allege that the Hon'ble Supreme Court in the case of Azeez Basha v. Union, of India, AIR1968 SC 662 , [1968 ]1 SCR833 has held that Aligarh Muslim University has been created by an Act of Parliament and, is not a minority institution so as to be covered under Article 30 of the Constitution of India. Therefore, the reservation provided in respect of Muslim candidates as aforesaid is wholly without jurisdiction and is even otherwise in violation of Article 29 (2) of the Constitution of India. It is further contended that the amendment made in Sections 2 (1) and 5(2)(c) of the Aligarh Muslim University Act, 1920 vide Act No. 622 of 1981 is ultra vires the Constitution of India, a brazen overruling of the judgment of the Hon'ble Supreme Court in the case of Azeez Basha (supra) and be declared as such.

(3.) Since the vires of an Act of Parliament were questioned by means of the present writ petitions this Court on 11.3.2005, while passing an interim order, issued notice to the Attorney General of India. On behalf of the Attorney General written submission have been filed. He has been also represented by Sri Gopal Subramaniam, Senior Advocate, during oral submissions. Sri Ravi Kant, Senior Advocate, had advanced arguments on behalf of the petitioners. Aligarh Muslim University has been represented by Dr. Rajiv Dhawan, Senior Advocate, assisted by Smt. Sunita Agarwal.

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NARESH AGARWAL Vs. UNION OF INDIA UOI

Referred Judgements :-

JUDGEMENT

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