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This is an archive article published on November 8, 2005

Andhra HC quashes Muslim quota

The Andhra Pradesh High Court today quashed a state government ordinance providing five per cent reservation to Muslims in government jobs a...

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The Andhra Pradesh High Court today quashed a state government ordinance providing five per cent reservation to Muslims in government jobs and educational institutions.

The state cabinet had in May approved a report of the Backward Classes Commission, which had recommended inclusion of Muslims in the list of backward classes, by creating a separate category. The creamy layer, with an annual income of more than Rs 2.5 lakh, was excluded.

With this, the number of reserved seats had exceeded the 50 per cent ceiling suggested by Supreme court.

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The High Court, quashing the ordinance, said the BC Commission did not do its job properly and failed to evolve a reasonable criteria for categorising Muslims as backward classes.

“The entire process is vitiated by arbitrariness and failure to adopt reasonable criteria. Thus the reservation act is ultra vires of the Constitution,” the court observed.

However, the bench refused to set aside admissions to professional colleges on the basis of the ordinance.

The Bench observed that the Backward Classes Commission went about the job “mechanically” and did not look into the peculiar customs prevalent among Muslim community which may have contributed to their backwardness, socially and educationally.

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On the whole, the Commission did not adopt “proper methodology” and hence categorisation of entire Muslim community as backward class based on “defective advice” given by the Commission was untenable, the court said.

 
BJP welcomes HC
verdict on quota
   

State govt to move SC

Hyderabad: The Andhra Pradesh government

said it would challenge the High Court verdict quashing the ordinance providing for five per cent reservation for Muslims in jobs and educational institutions in the Supreme Court.

“We will immediately move the apex court seeking a stay on the high court order. We will not go back on our commitment (to Muslim quota),” Chief Minister Y S Rajasekhara Reddy told reporters.

Observing that the high court took a ‘‘subjective’’ view of the process adopted by the State Backward Classes Commission in identifying Muslims as backward classes for the purpose of reservations, he said, “While the court said the material before the BC Commission (to declare Muslims as BCs) is insufficient, we think we have sufficient material.”

PTI

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