The Hindu : Front Page : Quota for Muslims in Andhra Pradesh stayed

Online edition of India's National Newspaper
Friday, Jul 23, 2004

Front Page

Front Page

Quota for Muslims in Andhra Pradesh stayed

By Our Legal Correspondent

HYDERABAD, JULY 22. The Andhra Pradesh High Court today suspended the State Government Order that provided for five per cent reservation for Muslims in educational institutions and for government jobs in the State.

A Division Bench, comprising the Chief Justice, Devinder Gupta, and Justice C.V. Ramulu, passed the interim order on a batch of writ petitions filed by a student, Srikanth, and others. They pleaded that such reservation based upon religious denomination alone was violative of the Constitution. The Government Order (Ms. No. 33) was issued by the State Government on July 12 on the ground that the Commissionerate of Minority Welfare had submitted a report on the "pathetic state" of the Muslim community. Therefore, Muslims were declared as BC(E) category and given five per cent reservation in educational institutions and government jobs. This was apart from the reservation already given to other categories of backward classes.

Counsel for the petitioners said that the total reservation exceeded fifty per cent in violation of the Supreme Court judgment. They further contended that the Supreme Court had directed the setting up of a commission to recommend additions and deletions of groups into category of backward classes and the commission had been set up as per the enactments.

`Commission ignored'

The petitioners said the Government Order declared the entire Muslim community as backward class without reference to the Commission set up for the purpose. They held that the five per cent reservation would deprive them seats in engineering and medical colleges and sought suspension of the Government Order as the admission process to fill up the seats had begun.

The Government, on the other hand, said it had powers to make the provision, adding that it had relied upon the report by the Andhra Pradesh Minority Commission.

In its seven-page interim order, the Bench said a prima facie case had been made out by the petitioners and the balance of convenience would be to set apart five seats and not fill them till its final order. The case has been referred to a Full Bench, which is likely to start hearing the final arguments from Tuesday.

`Need for law'

Barring the Bharatiya Janata Party, all the political parties in the State felt that the State Government should have enacted legislation extending reservation to minorities instead of issuing an order.

Printer friendly page
Send this article to Friends by E-Mail

Front Page

News Update

Stories in this Section

Government moves to get hostages released

Natwar Singh's appeal

Presidential Reference filed in Supreme Court

Article 143 of the Constitution

Speaker anguished

Quota for Muslims in Andhra Pradesh stayed

Soren case hearing today

128 killed as train derails