The Hindu : National : Nod for admissions under Muslim quota

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Wednesday, Aug 06, 2008
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Nod for admissions under Muslim quota

J. Venkatesan

New Delhi: The Supreme Court on Tuesday allowed the Andhra Pradesh government to admit students under the 4 per cent Muslim quota law in engineering, medical and other courses for 2008-2009.

The Bench comprising Chief Justice K.G. Balakrishnan, Justice P. Sathasivam and Justice J.M. Panchal, while giving the nod for the Muslim quota, made it clear that the admissions so made would be subject to the outcome of the decision on the writ petitions before a seven-judge Bench of the Andhra Pradesh High Court challenging the constitutional validity of the law.

Interim order

A Bench headed by the Chief Justice of India, on May 16, passed an interim order permitting the State to go ahead with the counselling of students under the Muslim quota law, but not to make admissions. In the meanwhile, the Bench asked the High Court to hear the main petition. The court had passed the order on a special leave petition filed by the State challenging an order passed by the High Court restraining the government from admitting students under the Muslim quota law.

Senior counsel K. Parasaran and Additional Solicitor General Gopal Subramanian, appearing for the State submitted that the government should be allowed to go ahead with the admission of students under the Act as counselling had been completed.

Mr. Gopal Subramanian submitted that the 4 per cent quota had been extended to the backward sections of Muslims after careful consideration based on the report of the Andhra Pradesh Commission of Backward Classes.

He submitted that the Act should be allowed to operate this year otherwise, about 1,100 students who had completed their counselling would suffer. Senior counsel Ramakrishna Reddy, appearing for the petitioners, opposing the Muslim quota contended that as the High Court had already stayed the operation of the Act, the State could not implement the quota in any form.

The CJI told the counsel that the only question to be considered was whether the Muslim groups brought under the ambit of reservation could be considered under backward classes.

“If the State had considered them as backward, how can you deny them the benefit of reservation,” the CJI asked.

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