NEW DELHI: The Supreme Court on Wednesday rejected an application filed by the Andhra Pradesh Government seeking directions to provide 5 per cent reservation to Muslims for admission to educational institutions in the State for 2006-2007.

A Bench of the Chief Justice Y.K. Sabharwal and Justice C.K. Thakker observed that if the application was entertained, it would virtually amount to staying the High Court judgment quashing quota for Muslims. The Bench said that a well-considered order was passed on January 4 refusing to stay the impugned judgment and no case was made out to change that order now.

A.P.'s contention

The State in its application said that the High Court had struck down the Andhra Pradesh Reservation of Seats in Educational and of Appointments to posts in Public Services under the State to Muslim Community Act, 2005, as unconstitutional and as a violation 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 reservation for Muslims for 2005-2006. For the academic year 2006-2007, the admission process was about to begin to 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 reservation to Muslims for 2006-2007.

The application made it clear that any such reservation for this academic year could be made subject to the result of the apex court decision.

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