Andhra High Court Quashes Reservation for Muslims


Hyderabad, Feb 8 (IANS) The Andhra Pradesh High Court Monday quashed a legislation providing four percent reservation to Muslims in education and jobs.

Delivering the much-awaited judgement, the seven-member constitutional bench headed by Chief Justice A.R. Dave ruled that reservations cannot be provided on the basis of religion.

The court order has come as a big blow to the Congress government, which had brought a legislation providing four percent reservation to certain backward groups among Muslims.

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 quashed quota for Muslims.

In 2004 that the state government had provided five percent reservation to Muslims but the high court had quashed the order.

However, on the court's advice, 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 high court set aside the legislation 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 percent 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 government brought an ordinance, which was later replaced by a legislation passed by the assembly.

The four percent quota was also challenged in the high court. 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 off the batch of writ petitions.

 

  

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Comment on this article

  • Balwanth, palimar

    Mon, Feb 08 2010

    Mr Shanawaz we need people like you religion should be at home should not mix with the politics.and every child should be sent to school and there should be a law. specially girls if mother is educated she will make sure her kids will be qualified-

    DisAgree Agree Reply Report Abuse

  • shahnawaz kukkikatte, dubai/udupi

    Mon, Feb 08 2010

    Its land mark verdict for Indian democracy and its peoploe. No reservation is to be given on the basis of releigion. Reservation, if any, must be decided on the economic and social factors of the people. SCS/STs and back ward class to get reservation or low income groups can get reservation. There should be equality of opprotunities for all sections of society.

    There must be healthy competition. Indian muslims are less literte. If they want to march forward, they must educate their younger generation. Education yields qualitifiation. Qualification yield opportunities. Many a muslim friends may not agree with me. Its my honest opinion and every one has the right to differ with me.

    DisAgree Agree Reply Report Abuse


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