HC quashes Andhra law on minority quota

A seven-member Constitution Bench, headed by Chief Justice AR Dave, said the law on quota for minorities was ?unsustainable? and ?could not be implemented?. This is the third time since 2004 that the High Court has quashed a quota for Muslims.

The order is a major set back for the Congress government which had provided reservation to certain backward groups among Muslims. The court, however, said that admissions done since 2007 on the basis of the minority quota would remain valid.

Soon after the court order, chief minister K Rosaiah directed state advocate general DSR Murthy to file a special leave petition (SLP) in the Supreme Court, challenging the verdict. ?The state government is committed to providing 4% reservation to backward class Muslims in the state,? he said.

When the government passed the legislation in 2007, several NGOs and social organisations challenged the law in court and filed PILs, contending that the reservation was unconstitutional. The petitioners argued that the government identified backward classes in the community without gathering scientific data.

The high court, in its interim order, permitted admissions made under the quota. This was challenged by the petitioners in the Supreme Court. The apex court stayed implementation of the order but left it to the high court to dispose the batch of writ petitions.

In 2004, the state government had provided 5% reservation to Muslims but the high court quashed the order. However, on the court?s advice, the government reconstituted the backward classes commission and directed it to conduct a detailed survey of the socio-economic conditions of Muslims.

On the recommendations of the commission, the government issued an ordinance in 2005 and subsequently the Assembly passed a legislation for 5% reservation.

But the high court set aside the legislation on the ground that this would exceed the 50% total reservation limit set by the Supreme Court.