New Delhi: The Supreme Court on Monday permitted the Andhra Pradesh Government to withdraw its application seeking directions to provide 5 per cent reservation for Muslims for admission to educational institutions in 2006-2007.

A Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker dismissed as withdrawn the application after counsel appearing for the State said he was seeking withdrawal of the application.

On May 5, the court had declined early hearing of the application seeking modification of the order passed on January 4, when the Apex Court refused to stay the operation of a judgment delivered by the Andhra Pradesh High Court striking 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 violative of Articles 15 (4) and 16 (4) of the Constitution. The same application was listed for hearing on Monday.

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 impugned judgment and posted the matter for hearing by a five-Judge Constitution Bench. The application stated that the State Government had implemented 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.

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