The Andhra Pradesh High Court (AP HC) has held that the reservation for Muslims in education and job on religion basis could encourage Conversions.
A Seven-Judge bench of the AP HC, headed by Chief Justice A R Dave, on Monday struck down as "unsustainable" the state law providing 4% reservation in educational institutions and jobs for 15 Muslim groups deemed backward by the Amdhra Pradesh(AP) Government.
The bench also described the findings of the AP Backward Classes Commission, on which the quota law was based- as 'unscientific'.
In a 5-2 majority ruling, the court found that the Commission neither evolved any criteria nro published these before inviting objections. It had merely stated it had followed the two criteria evolved by the Mandal Commission for identification of (Socially Economic Backward Classes) SEBCs among the non Hindu community.
Chief Justice Dave speaking for himself and Justices A Gopala Reddy, V Eswaraiah and G Raghuram, faulted the enactment and said it was religion specific and potentially encouraged conversions and was thus unsustainable.
Within hours of the verdict, Chief Minister K Rosaiah said his government would move the Supreme Court in appeal and vowed dto restore the AP Reservation in Favour of Socially and Educationally Backward Classes of Muslims Acst, 2007.
Somany Muslim welfare organisation members gathered in front of the state secreatriat in Hydrabad and staged Dharna and demanded the governmenet to file appeal in the Apex court immediately. Mr Akberuddin Owaisi, MIM MLA said, the organisations decided to file appeal against the ruling of the AP HC.
Ten Percent Job Quota For OBC Muslims In West Bengal
On a day the Andhra Pradesh High Court struck down a state law providing job reservation for backward Musilims, the West Bengal Government anounced 10% job quota for Muslim OBCs, with a 'difference'. The Chief Minister Buddhaedeb Bhattacharjee's largesse is only for backward Muslims. Other minority backward communities-namely Buddhists and Christians-have a long wait ahead.
Aware of the constitutional provisions against religion based reservation, Buddhadeb was careful to slot this Quota for certain sections of Muslims under the socially and educationally backward community, as enshrined in Article 16(4) of the Constitution.
"The reservation is not on the basis of religion", Buddhabeb clarified, possibly with an eye on the AP HC order.
- Asian Tribune -

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