Clarifications for the Moot Proposition for RGNUL Intra

Moot Court Competition, 2018

1. Whether the laws of Indicsthan are Parimateria to Laws of India?

Ans: Yes.

2. In paragraph 3 of the proposition the term “colonial legislature” is used. What is meant
by it? Does it mean the same as the Legislature of British India?

Ans: Yes.

3. In paragraph 4 of the proposition the term “court” is used. What is the meaning of this
phrase with regards to the Hislim University? Does it mean the supreme governing body
of the University?

Ans: Yes

4. In Paragraph 4 of the Moot Proposition, what is the contextual reference/meaning of the

term "Members of the Court"?

Ans: Members of supreme governing body of the University.

5. What were the powers of the Court in original Statute?

Ans: No clarification required.

6. Does the Hislim University receive any aid from the State or its authorities, if so then to
what extent?

Ans: Entirely dependent on state funds.

7. For the purposes of documentation and preparation of Memorials, what are the names of
the Petitioners/Parties filing the petition (Mundu students) before the Supreme Court of
 Indicsthan or in other words, what are they to be referred as for the etymology of the
case, accordingly?

Ans: Their names are Pratap Bhanu Mehta and Arun Shourie

8. Has the change in admission policy for admission to Post Graduate Medical Courses of
Hislim University been brought by an amendment to the Act?

Ans: No

9. Is the Hislim University listed as a University of National Importance under Entry 63 List
1 of the Indian Constitution?

Ans: Yes. Indicsthan Constitution.

10. Whether the acts and amendments related to Aligarh Muslim University are parimateria
to the acts and amendments related to Hislim University?

Ans: Yes

11. Is the Act No. 21 of 1945 mentioned in the problem parallel to the Aligarh Muslim
University Act of 1920?

Ans: Yes

12. What was the religion of the local residents along with whom Hisliul Singh had
established the Anglo Hislim College.

Ans: Mundus and Hislims in equal numbers.

13. What is the date of judgement of the case A.K Prakashamv. Hislim as mentioned in the
moot proposition?

Ans: 1968

14. What were the grounds on which judgement was made by SC in A.K. Prakasam case for
declaring it to be a non-minority institution?

Ans: That it was not established by a minority community.

15. What was the strength or Coram of the bench before which the case (A.K Prakasham v.
Hislim) is to be argued?

Ans: Division Bench

16. Who could hold the positions of Academic council, executive council,etc.?

Ans: Refer Aligarh Muslim University Act, 1920

17. The point 3 of the moot prop mentions that in 1945, the "colonial" legislature of
Indiscthan enacted a statute. Next on, the point 4 of the prop mentions that in 1951, a
substantial change to the 1945 act was made by the legislature. Now was the legislature
that brought about the amendment in 1951 "colonial"?

Ans: No. Indicsthan attained independence in 1947.

18. What were the amendments made in statute by Indicsthan’s Parliament in 1964 and
1965?

Ans: This is a point of research.

19. What were the grounds on which petitions were filed in the Supreme Court?

Ans: No clarification required.

20. What were the amendments made by the parliament to declare Hislim University as a
minority institution?

Ans: Act of 1945 was amended in 1980 and Univ was expressly declared a Hislim University
established by Hislims for their educational advancement.

21. Is Hislim University a corporate body?

Ans: Yes

22. Was recognition by government to colleges necessary for them to able to grant degrees
during the colonial times?

Ans: Yes.
23. Was Hisliul Singh a resident of India? For how long did he live in India before
establishing Anglo Hislim College?

Ans: Yes. He was residing for 10 years before college was founded.

24. Is there any relevance to the phrase “numerically strong” mentioned in para 2 of the moot
proposition?

Ans: No clarification required.

25. When was the petition filed by the Two Mundu Students in the Supreme Court of India?

Ans: 2005

26. What is the number of seats offered in the PG courses by the University or what is the
Proportion to the number of seats offered in UG and PG courses by the University?

Ans: No clarification required.

27. The first line of Paragraph 6 is incomplete: "... violates their rights under Art. have filed
the present petition...". Please specify the relevant article.

Ans: Read Art as Part III.

28. Whether the requirements of Societies Registration Act had been fulfilled or not?

Ans: Yes

29. Can the guidelines of Medical Council of India be used in the present moot?

Ans: No clarification required.

30. Does the UGC Act apply to the present case?

Ans: That is a point of research.

31. Has the Central Government notified the Hislim community as a "minority" under any
relevant legislation?

Ans: Yes
32. Who had the final power over administration?

Ans: VC appointed by President of the Republic

33. What was the law and procedure to establish minority educational institution before
independence?

Ans: This is a point of research.

34. Was it compulsory for people of other religion to study Hislim Theology and Religion?

Ans: No

35. Was the University of Deccan established by the Govt.?

Ans: Yes

36. By the Act no. 21 did it become a minority institution or only a university?

Ans: No clarification required.

37. Who appointed the Chancellor, Registrar, etc and who elected members of the court
before the amendment?

Ans: Chancellor was appointed by Viceroy, later President. Registrar appointed by VC, in
Chancellor’s name.

38. Was there any other provision which mandated only Hislims to be members of any
administrative body?

Ans: No clarification required.

39. What was the source of fund for the University?

Ans: Central govt funding only.

40. What is the year of Amendment mentioned in last line of Para4 of the Moot Proposition?

Ans: No clarification required.

41. What is Section 23 of the 1945 Act?

Ans: No clarification required.

42. How were the officers under the Act appointed?

Ans: Appointed by Vice Chancellor, in the name of Chancellor.

43. Is Zeeran a state of Indicsthan or a Foreign State?

Ans: Foreign State

44. Whether the country Zeeran provides for dual citizenship?

Ans: Yes

45. By what procedure, did the Act of 1945 was amended in 1951 and what was the body
which made the amendment?

Ans: Post independence in 1947, Indicsthan Parliament enacted the law.

46. Reference to para 5, what are the powers of the Executive Council/ Admission
Committee?

Ans: No clarification required.

47. Does the Admission Council/Executive Council mentioned herein have all the rights of
framing and implementing admission guidelines and procedures?

Ans: Yes

48. Does "secular learning" in para 3 means a secular intake of students as well?

Ans: No clarification required.

49. Is the same admission procedure followed for other courses in the University, as followed
for the post-graduate medical course?

Ans: Yes
50. Is there also reservation for Hislim students in the All India Entrance Examination and
Entrance Examination conducted for internal students?

Ans: No

51. Does the act passed by Indian parliament establishing National Commission of Minority
Educational Institute (NCMEI) applicable to Indicsthan?

Ans: Yes

52. Does "numerically strong" used in the second paragraph of proposition mean "majority"?

Ans: No clarification required.

53. Does the word "etc." in the third paragraph of the proposition regarding bodies entrusted
with the administration of Hislim University include the Court?

Ans: No clarification required.

54. What is the hierarchy of the administrative bodies referred to in paragraph 3?

Ans: No clarification required.

55. Were any funds collected for the establishment of the Anglo Hislim College?

Ans: Yes. Charity by all sections of Indicsthan’s population