The Hindu : New Delhi News : State moves Supreme Court on Muslim quota

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Thursday, May 08, 2008
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State moves Supreme Court on Muslim quota

J. Venkatesan

‘Identification made as per principles laid down by the court in Indra Sawhney case’

Challenges an order passed by the High Court restraining State from implementing 4 p.c. quota
‘Total reservation in favour of SCs/STs and BCs including Muslims did not exceed 50 per cent’

NEW DELHI: The Andhra Pradesh government on Wednesday moved the Supreme Court challenging an order passed by the Andhra Pradesh High Court restraining the State from implementing the 4 per cent quota for Muslims in admission in educational institutions for the academic year 2008-2009.

In its Special Leave Petition (SLP), the State said that the total reservation in favour of SCs/STs and BCs including Muslims did not exceed 50 per cent.

It said the identification of socially and educationally backward classes (SEBCs) in the Muslim community was made in keeping with the principles laid down by the Supreme Court in the Indra Sawhney’s case (Mandal case).

It said admissions were made in 2007 in terms of the Act and no specific infirmity was found in the Act by a five-judge Bench of the High Court that heard the case initially. It said the April 29 order staying admissions (for 2008-2009) was adverse to the interests of the social groups in the Muslim community identified as SEBCs and who had been denied the benefits of reservation till then and in whose favour reservation in the matter of admission in educational institutions had been provided.

Historical injustice

The SLP said that the report of the Andhra Pradesh Commission of Backward Classes had explained in detail the process of identifying the SEBCs of Muslims in Andhra Pradesh.

Many social groups so identified through a participating process had been traditionally associated with profession/occupations and castes/communities traditionally associated with the same occupation had been identified as BCs in the Hindu community.

But their counterparts in the Muslim community were denied similar treatment and the Act sought to undo this discrimination which was a historical injustice.

Several important questions of law of public importance needed to be decided in this case; the SLP sought a direction to quash the impugned order and an interim stay of its operation so that admission could be made for this year under the 4 per cent Muslim quota.

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