The Hindu : New Delhi News : State defends 4 per cent quota for Muslims

Online edition of India's National Newspaper
Saturday, Oct 06, 2007
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New Delhi

State defends 4 per cent quota for Muslims

J. Venkatesan

Supreme Court extends stay on new admissions for 2007-08 till October 12

‘Quota based on careful identification of socially and educationally backward classes’
‘Sub-categorisation of socially and educationally backward classes not based on religion alone’

New Delhi: The Supreme Court on Friday extended till October 12 its interim order restraining the Andhra Pradesh Government from making new admissions to educational institutions under the four per cent Muslim quota for 2007-08.

A Bench of the Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran posted the matter for further hearing on October 12 after taking on record the counter affidavit filed by the State Government to the special leave petition challenging the Andhra Pradesh High Court’s interim order refusing to stay the implementation of the State law.

The State Government asserted that the law providing for 4 per cent reservation to the socially and educationally backward classes (SEdBCs) in Muslims was based on careful identification of SEdBCs and it was in consonance with the principles laid down by the apex court in the Mandal case judgment.

It said that the sub-categorisation of SEdBCs of Muslims was not based on religion alone.

It said, “It is on account of their delayed and recent inclusion on their relative backwardness vis-À-vis existing SEdBCs, therefore the same is lawful.

Not to give reservations to the SEdBCs of Muslims having regard to their backwardness would be a denial of equal opportunity based on religion alone.”

The Government said, “Kerala and Karnataka do have sub categories of OBC into several categories, including Muslims who have been categorised as a separate class.

The bulk of Muslim SEdBCs were lost sight of for over several decades whereas the other groups have had the benefit of reservations for over 30 years.”

Separate category

The counter pointed out that despite being in a separate category, the experience of this year showed that in admissions to engineering colleges, a number of seats which were reserved for Muslim groups had not been filled up and the same had been released for the general category.

“This only goes to show that despite providing 4 per cent reservation, the communities are so backward that they are as yet unable to avail of the benefit, resulting in vacant seats being left which are subsequently converted to general category,” it said and sought dismissal of the SLP and other petitions.

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