The Supreme Court on Tuesday allowed the Andhra Pradesh government to go ahead with admissions in educational institutions under the controversial law that provides four per cent reservations to backward Muslims. However, a Bench headed by Chief Justice K G Balakrishnan, made it clear that the admissions will be subject to the outcome of a bunch of petitions in the Andhra Pradesh High Court challenging the validity of the Act.The validity of the controversial AP Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act, 2007, is being examined by a seven-judge Constitution Bench of the High Court.Senior advocate K Parasaran and Additional Solicitor General Gopal Subramanium submitted that the state be allowed to go ahead with the admission process as envisaged by the Act as counselling, which was permitted by the apex court by its May 16 order, has been completed.Subramanium contended that the four per cent quota has been extended to the backward section of Muslim after careful consideration based on the report of the Andhra Pradesh Commission of Backward Classes.He urged the Bench, also comprising Justices P Sathasivam and J M Panchal, to take a pragmatic view since counselling has been completed and allow the operation of the Act subject to its final outcome of the matter pending in the High Court.However, senior advocate Ramakrishna Reddy, appearing for the anti-reservation petitioners, opposed the stand of permitting admission contending that since the Act has come under challenge and the High Court had already stayed its operation, the state government cannot implement the provision of extending four per cent reservation in any form.Reddy, who commenced the argument by accusing the state government of appeasing the minority community for political gain, faced several questions from the Bench which also said the admission process can go on as nobody has challenged it for the academic year 2008-09."The students for 2007-08 are not concerned with the academic year 2008-09. There is no aggrieved party," the Bench said ignoring his contention that since the Act was under challenge it could not be brought into operation.The Bench said the only question which has to be examined is whether the Muslim groups brought under the ambit of reservation can be considered under backward classes.It said the petitioners have to show that there was some illegality in considering them as backward Muslims.Reddy, who was countering the arguments of several advocates, said Muslims have been enjoying the benefit of reservation for almost three decades.The state government has challenged the stay imposed by the Andhra Pradesh High Court on providing four per cent reservations to backward Muslims.In its petition, Andhra Pradesh government submitted that the reservation sought to be provided to backward Muslims was Constitutionally valid and hence it be allowed to implement the quota policy formulated under the Act.A seven-judge Bench of the High Court on April 29 had restrained the government from implementing the four per cent quota for backward Muslims until the bunch of writ petitions filed before it was disposed of.The state government in its special leave petition has said the Act was brought in after taking into consideration the report of the Andhra Pradesh Commission of Backward Classes on the basis of which the backward Muslims were identified for the purpose of extending the benefits of reservation.
