Hyderabad, February 8
In a major setback to the Andhra Pradesh government’s Muslim reservation policy, the high court today struck down a legislation providing four per cent quota for the minority community in jobs and educational institutions.

A seven-member constitutional bench headed by Chief Justice AR Dave found fault with the way the survey was conducted by the Backward Classes Commission, whose recommendations had formed the basis for quota policy.

The state Assembly had passed a legislation in July 2007 providing four per cent reservation for socially and educationally backward Muslims by including them among backward classes. The quota was made applicable to 15 Muslim groups identified by the AP Backward Classes Commission as socially and educationally backward. These were categorised as BC-E Group for the purpose of providing reservation.

Acting on a bunch of writ petitions filed by several individuals and organisations challenging the legislation, the court - in a majority verdict - termed the commission’s survey as “irrational and unscientific” and held the legislation as “unsustainable”.

However, one of the judges - Justice Prakash Rao - struck a different note and said governments had the power to take any measure for the uplift of backward sections.

Jolted by the verdict, the state government said it would file a Special Leave Petition challenging the judgment in the Supreme Court. Chief Minister K Rosaiah has directed Advocate-General DV Seetharama Murthy to immediately take action to file the SLP.

The Bench observed that the survey on socio-economic conditions of Muslims was conducted only in six of the 23 districts in the state and that the commission relied only on the report of the government-appointed Krishnan Commission. Activists of Majlis Ittehadul Muslimeen (MIM) - a Muslim political party - protested near the Secretariat soon after the judgment. This is the third time that the Congress Government has faced a setback in court over the Muslim quota policy. On the other hand, the BJP welcomed the court verdict saying it meant the defeat of “vote bank politics”. “Our stand that reservations should not be provided on the basis of religion stands vindicated,” state party president B Dattatreya said.

Kolkata, February 8
The West Bengal government on Monday accepted the Ranganath Mishra Commission report granting 10 per cent reservation in government jobs for Muslims under the OBC category. The quota applies to Muslims who were educationally, socially and economically backward. West Bengal has become the first state to do so while others are still reviewing reports and finalising views for sending to the Centre, as advised by the Prime Minister.

“We have decided to accept the recommendations of the Ranganath Mishra Commission and will take steps to implement it,” Chief Minister Buddhadeb Bhattacharjee told newsmen at the state secretariat, without waiting for the Centre’s decision on the report. He said like other states, there was reservation for SCs, STs and OBCs in West Bengal.