Quota for Muslims not based on religion: Andhra

The Government in fact has blamed lack of understanding of Muslim community in Andhra for their delayed inclusion. “The factual position is that for reasons like lack of proper understanding of the AP Muslim society and its structure, a large part of the Muslim population, which should have been ab initio identified as Socially and Educationally Backward Classes had missed being identified as such over the last so many decades,” stated the affidavit filed by Amitabha Bhattacharya, Principal Secretary, Backward Classes Welfare Department.

“Thus unintentionally, religion had been allowed to become a handicap in their case,” it submitted, defending the separate class of SEBC Muslims in the existing list of BCs. “It is in fact social justice without allowing religion to be a handicap or barrier for any backward class to be identified as such,” the state claimed. It also sought to justify its provision contending Muslim reservation as a separate category already exists in state list of BCs of Kerala and Karnataka.

Highlighting that refusing reservations to SEBC Muslims would be “a denial of equal opportunity based on religion alone,” the Government concluded that the Act is based on careful identification of beneficiaries. It also attempted to prove that the provision is in consonance with principles laid down by the High Court and also the Supreme Court.

Last year, the state Government had come out with the provision of 4 per cent Muslim reservation accepting the P S Krishnan Commission report which contended that a bulk of SEBC Muslims had fallen behind over several decades.

Asserting its decision of sub-categorisation within the BC lists, it explained, “Strategy of sub categorisation within SEBCs is intended to ensure that benefits of reservations are more equitably spread among different classes and groups of classes. It recognises the fact that even among the Backward Classes, some are more backward than others and as such to ensure inter se representation among SEBC.”

The bench headed by Chief Justice K G Balakrishnan, while extending the earlier order of not allowing the State from going ahead with any admissions till further orders, posted the matter for October 12.