In his opinion to the HRD Ministry, Attorney General Mukul Rohatgi is understood to have also quoted a 1967 Supreme Court judgment which had said that AMU is technically not a Minority institution and the same principle applied to Jamia Milia Islamia.

The HRD Ministry had approached the Law Ministry seeking an opinion on the issue. The Law Ministry had then asked the AG for his legal opinion. The National Commission for Minority Educational Institutions had declared Jamia as a religious Minority institution some years ago.

Based on the order, Jamia had discontinued reservation for SC/ST and OBC students and set aside half its seats in each course for Muslim candidates.

Sources in the Law Ministry quoted Section 7 of the Jamia Milia Islamia Act of 1988 which states, "The University shall be open to persons of either sex and of whatever race, creed, caste or class, and it shall not be lawful for the University to adopt or impose on any person any test whatsoever of religious belief or profession in order to entitle him to be admitted therein as a teacher or student..."

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