Arun Tandon, J. - (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 : (i) 25% of the total seats are required to be filled on the basis of entrance examination conducted by the Aligarh Muslim University in respect of its internal students commonly known as Entrance Examination for Internal Candidates; and (ii) the remaining 50% of the total seats are to be filled from external as well as internal candidates on the basis of entrance examination to be conducted by the Aligarh Muslim University. These 50% seats which are required to be filled from internal as well as external candidates on the basis of entrance examination to be conducted by the Aligarh Muslim University have since been reserved under resolution of the Admission Committee/Executive Council of Aligarh Muslim University in respect of Muslim. candidates only. The petitioners who are Hindu by caste as such have been deprived of their right to participate in the process of selection for admission to Post Graduate Courses against 50% of the total seats, reserved for admission through entrance examination conducted by the Aligarh Muslim University. This reservation of the entire 50% of the total seats to be filled on the basis of entrance examination conducted by the Aligarh Muslim University, has given rise to the present writ proceedings. The reservation so made by the Aligarh Muslim University in favour of Muslim candidates only on the strength of it being a minority University entitled to the benefit of Article 30 of the Constitution of India is the bone of contention between the parties to these petitions.
(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.;