The Hindu : Andhra Pradesh News : Muslim quota: apex court seeks details from A.P.

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Tuesday, Sep 25, 2007
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Andhra Pradesh

Andhra Pradesh

Muslim quota: apex court seeks details from A.P.

J. Venkatesan

New Delhi: The Supreme Court on Monday issued notice to the Andhra Pradesh Government on a special leave petition against an interim order of the Andhra Pradesh High Court refusing to stay the implementation of the law enacted by the State providing for four per cent quota exclusively for Muslims in educational institutions and public employment.

The High Court in its order dated July 24 said that the implementation of the law would be subject to the final adjudication of the batch of petitions and this fact should be incorporated in the letters of admission or otherwise made under the provisions of the law. Subsequently, by an order dated August 29, the High Court deferred the hearing till the apex court decided the 27 per cent OBC quota law. The SLP is directed against these interim orders.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice V.S. Sirpurkar while seeking the response of the State Government by Friday asked it to explain whether notification for exclusion of the ‘creamy layer’ as contemplated under the Act had been issued or not. The Bench directed the matter to be listed for further hearing on September 28.

Appearing for the petitioner, senior counsel Arun Jaitley told the Bench that this was the third round of litigation: first there was an executive order providing 5 per cent Muslim quota and this was struck down; second there was a law and this was also struck down and now again by legislation. He said except one or two per cent of the Muslim population, the entire Muslim community had been brought under reservation.

Senior counsel K. Ramakrishna Reddy submitted that no criteria had been fixed for identification of ‘creamy layer’ as contemplated in the ‘Indra Sawhney’ judgment. Appearing for the State senior counsel Indra Jaising opposed the grant of stay and said that the law was enacted on the basis of the recommendations of the Backward Classes Commission, which was specifically asked to look into the socially and economically backwardness among Muslims.

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