Reversing the previous government’s stand, the Centre has filed a revised affidavit in the Delhi High Court this month opposing the order of the National Commission for Minority Educational Institutions (NCMEI) that declared Jamia Millia Islamia (JMI) as a religious minority institution. On August 29, 2011, the HRD Ministry, under then minister Kapil Sibal of the UPA-II government, had submitted an affidavit in court stating that the government “respects the declaration made by NCMEI”. The fresh affidavit, filed by the BJP-led government on March 5, cites the Supreme Court’s decision in the Azeez Basha Vs Union of India case of 1968 to justify the change in stand. It states that the first affidavit did not take note of the Azeez Basha case, in which the apex court said that a university incorporated under an Act of Parliament cannot claim the status of a minority institution.
