AMU Case - Second Point

This post explains that the Aligarh Muslim University was established by Muslim University Act, 1920 (the Principal Act).

Straghey Hall, Aligarh Muslim University, Aligarh

ALIGARH MUSLIM UNIVERSITY AND MUSLIM RESERVATION

Introduction।। Points Involved in the Case।। Institution Should Be Established and Administered।। AMU Established by the Principal Act।। AMU Not Administered by Minority।। Legislature Can Not Reverse Decision।। Article 30 - Electoral And Not Numerical Minority।। 1981 Amendments Are Arbitrary।। 1981 Amendment is Against Secularism।। Long Standing Decision May Not be Overruled।। Bourbaki & Zero।।

The word ‘establish’ means to bring about, to create or to set up or to bring into existence.  It was also held in the Basha case to mean ‘to bring about in existence’. This is also clear from Black’s law Dictionary Pg 664, Shiromani Gurdwara Prabandhak Committee v. Mihan Singh 1993 (3) SCC 650 (para 10). 

"Even English diction does not advance the case of the SGPC. The meaning of the word 'establish' as given in the New Collins Concise Dictionary, 1983 Edition, is: 1. to make secure or permanent in a certain place, condition, job etc. 2. to create or set up (an organisation etc.) as on a permanent basis. According to Webster's Comprehensive Dictionary (International Edition), the word 'establish' means: 1. to settle or fix firmly; make stable or permanent. 2. to set up; found, as an institution or business. 3. to set up install (oneself or someone else) in business, a position, etc."

There was no University prior to the Muslim University Act, 1920 (the Principal Act). It came into existence because of it. It was the Act that established the University. It was also so held in 1968 (1) SCR 833 = AIR 198 SC 662 S Azeez Basha Vs Union of India (the Basha case) (para 22 & 23)—a finding of fact. This case has stood for a long time of more than 55 years, long standing precedent may not be overruled.

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