HC ANNULS RELIGION-BASED QUOTA FOR MUSLIMS

In a sensational ruling, the Andhra Pradesh High Court, today struck down the state government's order providing for four cent reservation to the Muslim minorities in education and employment.

A seven-member Constitution Bench, headed by Chief Justice Anil Ramesh Dave, which heard a petition filed by an advocate, Mr K Kondala Rao, set aside the Muslim reservation enactment saying the religion-oriented reservation were not valid in a democracy. The Bench further observed that the reservation for the Muslim minorities was not in conformity with the facts and the government had relied on only the Krishnan Commission Report which was not proper. Hence, the quota for Muslim minorities was unsustainable and could not be implemented any longer, the Bench said. Moreover, the survey on the economic condition of the Muslim minorities was conducted only in six districts, it observed.

ADMISSIONS

The Bench, however, ruled that the admissions made since 2007 on the basis of the Muslim minority quota remains valid.

The High Court verdict came as a blot from blue to the Rosaiah government which was on tight spot following the agitations for and against state bifurcation. The Congress government had enacted law in 2005 providing for 4% reservation to certain backward groups in the Muslim community.

The state government had moved a bill in the Assembly on the basis of a report submitted to it by the AP Backward Classes Commission. The report had recommended that the socially and educationally backward should be adequately represented in the state. The Bill was later passed by the Assembly.

The GO was issued on July 7, 2007 providing 4% reservation to the 15 groups. Some individuals and organisations had challenged the bill, contending that the reservations were unconstitutional. This is the third time since 2004 that the High Court has annulled the quota for Muslims.

In 2004, when the state government had provided five percent reservation to Muslims, the High Court had quashed the order. However, on the advice of the court, the government reconstituted the Backward Classes Commission and directed it to conduct a detailed survey of the socio-economic conditions of Muslims. On the recommendations of the commission, the government issued an ordinance in 2005 and subsequently the Assembly passed legislation for five percent reservation. However, the court set aside this legislation too on the ground that this would exceed the 50 percent total reservation limit set by the Supreme Court.

In an attempt to keep the reservations within the 50 percent limit, the government reduced the quantum to four per cent and issued an order in 2007 providing four percent quota in government jobs and educational institutions for 15 socially and educationally backward classes among Muslims. The four per cent quota was also challenged and the petitioners argued that the government identified backward classes in the community without gathering scientific data.

The High Court, in its interim order, permitted admissions made under the quota. This was challenged by the petitioners in the Supreme Court. The apex court stayed implementation of the order, but left it to the High Court to dispose of the batch of writ petitions.
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