Author: Ashok Das
Publication: The Hindustan Times
Date: July 6, 2006
Q.: When did Andhra Pradesh come up with reservation
for Muslims?
A.: The state government issued an order in July 2004, providing five per
cent reservation for Muslims in jobs and educational institutions, after declaring
the community a backward class. A flurry of petitions challenging the order
in court followed,
Q.: What was the court's verdict?
A.: On September 21, 2004, a five-member bench of Andhra Pradesh High Court
struck down the order as ultra vires on the ground that the government did
not consult the state backward class commission before pronouncing Muslims
a backward class.
Q.: Was that the end of the row?
A.: No, in keeping with the direction of the high court, the state government
reconstituted the commission and directed it to submit a report on the issue.
The commission, headed by a retired judge of the high court, in its report
said the Muslim community was socially, educationally and economically backward
and were not adequately represented in the job sector. The government accepted
the recommendation and promulgated an ordinance providing 5 cent reservation.
The ordinance was later replaced with the Andhra Pradesh Reservation of Seats
in the Educational Institutions and of Appointments/Posts in the Public Services
under the state to Muslim Community Act, 2005.
Q.: So, why didn't the law pass muster?
A.: A larger bench of the high court on November 7, 2005 again struck down
the law on the ground that the Backward Classes Commission recommendations
were not based on strong grounds. Also, the decision had taken the total reservation
beyond the 50 per cent ceiling laid down by the Supreme Court. The Act was
declared unconstitutional for being violative of Articles 15(4) and 16(4)
of the Constitution. The state government filed a special leave petition in
the SC against the high court verdict.
