The Hindu : Front Page : Quota for Muslims: court declines early hearing of plea

Online edition of India's National Newspaper
Wednesday, May 10, 2006

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Quota for Muslims: court declines early hearing of plea

J. Venkatesan

State seeks modification of the apex court order of January 4

NEW DELHI: The Supreme Court has declined to fix an early date for hearing of an application filed by the Andhra Pradesh Government seeking directions to provide 5 per cent reservation to Muslims for admission into educational institutions in the State for 2006-2007.

A Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker said during `mention' on May 5 that the application seeking modification of the order passed on January 4 would be listed in due course.

The State in its application said that the High Court had struck down the Muslim reservation rule as unconstitutional and violative of Articles 15 (4) and 16 (4) of the Constitution.

On a special leave petition filed by the State challenging the High Court judgment, the apex court by an interim order on January 4 declined to stay the operation of the judgment and posted the matter for hearing by a five-Judge Constitution Bench. The application stated that the State Government had implemented the reservations for Muslims for 2005-2006. For the academic year 2006-2007, the admission process was about to begin in various educational institutions, especially engineering and medicine in the next few months.

It said that the respondents (petitioners before the High Court) would not be prejudiced if such reservations were extended to the student community for admission to educational institutions. The State Government submitted that it had an obligation to ensure that admissions were made every year in a uniform manner and student community would not be prejudiced if admissions were made by extending reservations to Muslims for 2006-2007.

State's prayer

The application made it clear that any such reservations for this academic year could be made subject to the result of the apex court decision. It said it was settled law that the State could provide affirmative action in favour of socially and educationally backward class communities, either by legislative enactment or by an executive order.

In view of the High Court judgment, the State was not in a position to exercise to identify socially and educationally backward class groups even among Muslims.

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