The Hindu : National : Plea for National Commission for Backward Classes rejected

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Saturday, Oct 16, 2004

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National

Plea for National Commission for Backward Classes rejected

By Our Legal Correspondent

NEW DELHI, OCT. 15. The Supreme Court today declined to entertain a writ petition filed by a Member of Parliament seeking a direction to the Centre and States to create National/State Commissions for Backward Classes within a specified period.

A Bench of Justice Y.K. Sabharwal and Justice D.M. Dharmadhikari while dismissing the petition filed by Asaduddin Owaisi from Andhra Pradesh, asked the petitioner to first approach the Governments and if no action was taken, to come to the court.

The Bench told the counsel that as an MP, he could have raised the matter in Parliament and tried to get a legislation passed.

To a question from the Judges whether the petitioner had approached the Government in this regard, the counsel said `no' and therefore the bench asked the petitioner to approach the government first.

The petitioner submitted that the Muslim community was not adequately represented with reference to their population, either in educational institutions or in the posts under the control of the State.

Without constituting the National Backward Classes Commission, it would not be possible to provide ameliorative concessions to the downtrodden.

`Steps for inclusion'

He said Muslims in India had suffered during the partition and it was up to the Government to make them feel at home.

It was high time the Central and State Governments took effective steps to increase the job opportunities for Muslims through affirmative action. Muslims had been the victims of discriminatory implementation of various developmental schemes.

The petitioner submitted that the National Commission for Minorities had not been able to take care of the interests of Muslims.

Hence, there was a need to set up a Commission for Backward Classes both at the national and State level for proper identification of backward classes.

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