UP: HC sets aside order on Muslims minority

July 25, 2009: The Indian Express

A division Bench of the Allahabad High Court on Friday set aside a single judge order, passed more than two years ago, whereby it was ruled that Muslims were not a minority community in Uttar Pradesh.

Passing the order on a special appeal of the Uttar Pradesh government, the UP Minorities Commission and other outfits against the judgment of April 5, 2007, the Division Bench comprising Justice S R Alam and Justice Sudhir Agrawal was of the view that the single judge had “erred in law and had travelled beyond pleadings and issues that had actually arisen between the parties¶.

The single judge order, which had caused a flutter across the nation, was challenged by the state government the very next day and the same was stayed by the Division Bench.

Setting aside the order, the court said, “The question regarding the status of minority and its meaning were neither basis of the writ petition nor were raised for consideration¶.

It pointed out that in the petition moved before the single judge, the petitioner, Bahuri Alpasankhyak Balika Inter College of Ghazipur district, had “merely sought direction to the state of UP to consider the claim of the petitioner college to bring it on grant-in-aid list¶.

The Division Bench remanded the matter back to the single judge to decide the petition as per pleading and that the question of minority status “may not be treated as such to have been finally adjudicated and decided by us on merit¶.

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