TAKING STOCK: Chief Minister Y.S. Rajasekhara Reddy reacting to the judgment on the quota issue in Hyderabad on Monday. — PHOTO: P.V. Sivakumar

HYDERABAD: The Andhra Pradesh High Court on Monday quashed the Government ordinance providing 5 per cent reservation for Muslims in education and public employment, holding it unconstitutional. A five-member bench comprising Acting Chief Justice Bilal Nazki, Justice G. Raghuram, Justice V. V. S. Rao, Justice N. V. Ramana and Justice R. Subhash Reddy, found fault with the procedure adopted by the Andhra Pradesh Commission for Backward Classes in recommending inclusion of Muslims in the list of notified Backward Classes for the purpose of reservation.

The Bench pronounced the verdict after hearing a batch of writ petitions by students, parents, public-spirited citizens and some Backward Class organisations challenging the ordinance. Four separate judgements were delivered but all of them described the Government's action as unconstitutional. Besides holding it unconstitutional, Justice Nazki, speaking for himself and on behalf of Justice Subash Reddy, said the approach of the commission should have been different. Justice Raghuram said the commission's exercise and conclusions "fall foul of impregnable constitutional norms." He described the manner in which reservation was implemented as "crude camouflage to shield what is clearly a naked and exclusively religion-based programme." While concurring with his view, Justice Rao observed that the "religious specific classification is unconstitutional and illegal." The bench granted leave to the Government to appeal to the Supreme Court and clarified that status quo will be maintained with regard to admissions, already made into professional and other colleges based on the impugned ordinance, for a period of four weeks. Reacting to the verdict, Chief Minister Y. S. Rajasekhara Reddy said the Government would go in appeal to the Supreme Court. He did not regard it as a setback as the court had held that Muslims as a class could be provided reservation.

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