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February 8, 2010

Magh Krushna Dashami, Kaliyug Varsha 5111

The third consecutive attempt of Andhra Pradesh Government to provide 4% reservations to the socially and economically backward classes of Muslims in the State too has failed.

A seven member bench of Andhra Pradesh High Court headed by the Chief Justice A R Dave struck down the “Andhra Pradesh Reservation in Favor of socially and Educational Backward Classes of Muslims Act 2007” as unsustainable and unconstitutional and quashed the two GOs providing 4% reservations to 15 backward classes of Muslims in jobs and educational institutions. The judgment was supported by five judges while two disagreed with it.

The much awaited judgment has not only came as a huge disappointment to the Muslim community in the state but also put a question mark on the future of thousands of students who had got admission in professional colleges including medical and engineering under the 4% quota since 2007. It has also left worried the employees who were recruited under the quota. The five judges who took the view against the Act include Chief Justice Dave, Justice T Minakumari, Justice J Raghuram, Justice A Gopal Reddy and Justice V Ishwaraiah.

The state government has decided to file a special leave petition in the Supreme Court to secure a stay order against the High Court judgment and save the careers of the students. The Chief Minister K Rosaiah directed the Advocate General to initiate immediate steps to file the SLP in Supreme Court.

After a review meeting of Chief Minister with other cabinet colleagues, minister for information Dr J Geeta Reddy told the media that there was no question of Congress government going back on the issue of reservations to the backward sections of Muslim community and it will go to the Supreme Court.

While the BJP hailed the judgment saying there was no provision in constitution for the religion based reservations all other political parties wanted the government to take immediate remedial measures. Muslim political party Majlis-e-Ittehadul Muslimeen has warned that it will start statewide agitation to force the government to safeguard the interests of the community.

This is the third consecutive time since 2004 that Andhra Pradesh government’s attempt to provide reservations to the Muslim community failed the judicial scrutiny. Earlier the High Court had quashed the government order of 2004 and another Act in 2005. Interestingly on each occasion, the government’s decision was challenged in the court by senior Vishwa Hindu Parishad leader T Murlidhar Reddy.

The Muslim reservations Act passed by the AP Assembly on July 24, 2007 was challenged in the High Court by a batch of petitioners.

Chief Justice Dave who pronounced the judgment on behalf of the five judges, said that they found the act unsustainable because the reports of the Backward classes commission on the basis of which the government provided reservations was unsustainable. “Hence the GOs 230 and 231 can not be sustained and they are quashed”, he said. He said that the backward classes commission report did not reflect the true condition.

Justice T Minakumari, who was among the five judges in her judgment found the act unconstitutional. She said that while government had every power to set up backward classes commission, get its recommendation and enact law, the commission report was insufficient and it was prepared without proper survey. She also noted that the survey was conducted only in six districts. She also held that the Act was not in conformity of the Supreme Court judgment in Indira Sawhney case.

Of the two judges who differed, Justice DS Varma said that he did not agree with the judgment of five other judges and dismissed the writ petitions. He said he will give his own judgment later. Justice Prakash Rao said that while backward classes commissioner had prepared the report in a hurry it can not be set aside. Judge observed that a resurvey can be done by the Backward classes commission and on the basis of its report government can give the reservations to the Muslim community.

The advocate general Sitaram Murthy pleaded with the bench to suspend the implementation of the judgment for ninety days but it wad disallowed. But the state government will have time of 90 days, after it gets the judgment, to file its appeal in Supreme Court.

Reacting to the judgment, K G Kannabiran, counsel for minister for education Manikya Vara Prasad, said that the judgment will lead to social disintegration as five judges have gone against a whole community. “This judgment is constitutionally not acceptable”.

The minister had impleaded in the case in favor of the reservations for Muslims.

On the other hand B Ramakrishna Reddy, counsel for one of the petitioners and VHP leader T Murlidhar Reddy welcomed the judgment. “The impact of this judgment is that the reservations provided on the religious basis are no more valid and it can not be offered in future also”, he said.

Initially a five member bench of High Court had heard the case but in view of critical issues involved the case was referred to seven judge larger bench in January 2008. The bench completed its hearing of arguments in March 2009 and delivered the judgment today.

The passing of the law was the third attempt by Y S Rajasekhara Reddy government to fulfill the electoral promise of giving reservations to Muslims. His government had first attempted to give 5% reservations through an executive order but it was quashed by the High Court in 2005.

The same year the state government passed an act to give 5% reservations but it was also struck down by a five judge bench on various grounds including the argument that under the constitution there was no provision for religion based organizations.

Later on the basis of the report of an expert committee submitted in July 2007 the state government decided to give only 4% reservations to 15 backward groups of Muslim community to avoid the legal potholes.

Source: Daily Pioneer