The Hindu : Andhra Pradesh News : Quota for Muslims held ultra vires

Online edition of India's National Newspaper
Wednesday, Sep 22, 2004

Andhra Pradesh

Andhra Pradesh

Quota for Muslims held ultra vires

By Our Legal Correspondent

HYDERABAD, SEPT. 21. Five judges of the Andhra Pradesh High Court, constituting a Special Bench, today declared that the GO(MS 33) which has created 5 per cent reservation for the Muslim community in the field of education and public employment is ultra vires, and gave a series of directions to the State Government regarding the reconstitution of the Backward Classes Commission and identification of the backward classes and creamy layer.

The State Government issued the GO on July 12 declaring the Muslim community being under `E' category among the backward classes and granted 5 per cent reservation. The report by the Commissioner of Minority Welfare was relied upon by the State Government to issue the GO.

Public interest plea

Muralidhar Rao filed a public interest writ petition challenging the GO. Srikanth and three other students filed writ petitions complaining that due to the GO they were losing seats for professional courses. Initially, a Division Bench admitted these writ petitions, suspended the operation of the GO and made it clear that the 5 per cent seats be kept apart to be filled as per the outcome of the case and then the case was referred to a larger Bench of five judges.

Several Muslim leaders and institutions filed impleading petitions and defended the GO. Eighteen advocates argued before the Bench, comprising Judges B. Sudershan Reddy, J. Chalameswar, A. Gopala Reddy, Ghulam Mohhamed and K.C.Bhanu for 15 days.

The petitioners contended that the Government cannot issue such kind of reservations without consulting the State Commission for Backward Classes constituted under the Act 20 of 93. The petitioner further said that without identifying the creamy layer such reservation cannot be granted.

Consulting BC panel

Justice B. Sudarshan Reddy delivered the judgment on behalf of himself as well as for Justice A. Gopal Reddy and Justice K.C.Bhanu. Justice J. Chalameswar and Justice Ghulam Mohammed gave separate judgments concurring with the findings of the judgment delivered on behalf of the three judges.

Justice B. Sudershan Reddy declared that section 11(2) of the Act was mandatory and the State Government was bound to consult the commission before undertaking any revision of the backward classes list.

It was categorically declared that "in the absence of such consultation, the State Government in issuing the impugned GO acted in contravention of the mandatory provision of law. The G.O. is, therefore, ultra vires."

`Improper approach'

The Bench dismissed the writ petition filed challenging the constitutional validity of Section 11(2) of the Andhra Pradesh Commission for Backward Classes Act, 1993, which mandates that the commission shall be consulted on any revision of list of Backward Classes.

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