By TCN Staff Reporter,
New Delhi: In a big relief to Muslims in Andhra Pradesh, the Supreme Court today upheld the validity of 4% reservation provided to backward members of Muslim community in jobs and education in the state. The apex court passed the ruling in an interim order, forwarding the issue to a Constitution Bench. Today’s ruling was given by a Bench of Chief Justice K G Balakrishnan and Justices J M Panchal and B S Chauhan.
The SC gave the ruling on a Special Leave Petition (SLP) filed by the Andhra government against an order of Andhra Pradesh High Court which last month struck down the provision as being unconstitutional and a move that will promote conversion.
A seven-judge Constitution Bench of the Andhra Pradesh 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 court also quashed a subsequent 2007 government order allocating four per cent reservation to Muslim groups in educational institutions and jobs, leaving hundreds of Muslim youths’ future in the dark.
The state government had enacted the law after a report by Andhra Pradesh Commission for Backward Classes (APBC) giving green signal to quota to backward Muslims.