The Andhra Pradesh government on Thursday received a major boost with the Supreme Court, in an interim order, upholding the validity of four per cent reservation provided to backward members of Muslim community in the State.
A bench of Chief Justice K.G. Balakrishnan and Justices J.M. Panchal and B.S. Chauhan, however, referred the issue to a Constitution bench to examine the validity of the impugned Act since it involved important issues of the Constitution.
The bench passed the direction while dealing with a Special Leave Petition (SLP) filed by the government against an order of Andhra Pradesh High Court which had earlier struck down the provision as being unconstitutional.
A seven-judge Constitution bench of the High Court had by a majority judgement of 5:2 held the Andhra Pradesh Reservation for Socially and Educationally Backward Classes of Muslims Act, 2007 “unsustainable” and violative of Article 14 (equality before law) and other provisions pertaining to prohibition of discrimination by State on grounds of religion, race, caste, sex or place of birth.
The High Court, while setting aside the state Act, had also quashed a subsequent 2007 government order allocating four per cent reservation to Muslim groups in educational institutions and jobs.
The State had moved a bill in the Assembly on the basis of a report submitted to it by Andhra Pradesh Commission for Backward Classes (APBC). The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State.
The High Court held that the recommendation made by the APBC was unsustainable as it failed to evolve and spell out proper and relevant criteria for identification of social and educational backwardness and inadequate representation in public employment among classes or persons belonging to Muslim community.
It said the data was not collected properly by the APBC for determining the social and educational backwardness of the Muslims in the state.
The High Court said the Commission relied on data collected and observations made by Anthropological Survey of India which was meant to make an anthropological profile of Indian population and has no relevance to the affirmative action or reservation under Article 15(4) and 16 (4) of the Constitution which enables a State to make law on reservation.
Showing posts with label reservation. Show all posts
Showing posts with label reservation. Show all posts
Friday, March 26, 2010
MIM, TDP welcome Supreme Court order
The Majlis Ittehadul-e-Muslimeen on Thursday welcomed the Supreme Court’s order lifting the stay on implementation of four per cent reservation in jobs and education for economically-backward Muslims and said this should be an “eye-opener” to those who opposed the reservations.
“The Supreme Court’s order today should be an eye-opener to those who opposed the reservation. Reservation is very much essential for the uplift of socially and economically-backward Muslims,” MIM president and Hyderabad MP Asaduddin Owaisi told PTI.
With the Supreme Court lifting the stay on the High Court judgement quashing the reservation, the academic future of thousands of Muslim boys and girls would be protected, he pointed out.
“It is high time that the Government of India implements the recommendations of the Ranganath Mishra Committee in relation to reservation for Muslims,” Mr. Owaisi said.
The Telugu Desam Party too welcomed the Supreme Court order.
“The government should argue the case more effectively in the Supreme Court and ensure that the reservations for Muslims are fully protected,” TDP chief N Chandrababu Naidu said.
“The Supreme Court’s order today should be an eye-opener to those who opposed the reservation. Reservation is very much essential for the uplift of socially and economically-backward Muslims,” MIM president and Hyderabad MP Asaduddin Owaisi told PTI.
With the Supreme Court lifting the stay on the High Court judgement quashing the reservation, the academic future of thousands of Muslim boys and girls would be protected, he pointed out.
“It is high time that the Government of India implements the recommendations of the Ranganath Mishra Committee in relation to reservation for Muslims,” Mr. Owaisi said.
The Telugu Desam Party too welcomed the Supreme Court order.
“The government should argue the case more effectively in the Supreme Court and ensure that the reservations for Muslims are fully protected,” TDP chief N Chandrababu Naidu said.
Monday, February 8, 2010
Court strikes down reservation for Muslims in Govt jobs
Andhra Pradesh High Court on Monday struck down as unconstitutional, a State Government's order providing four per cent reservation for Muslim community in Government jobs and educational institutions.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
