M A I N   N E W S

Bonanza for 14 backward classes, creamy layer left out
SC okays 4 pc job quota for Muslims in AP
But says final decision by Constitutional Bench in Aug
R Sedhuraman
Legal Correspondent

BJP: Religion-based quota disastrous New Delhi: Reacting to the judgment, the BJP said on Thursday that job quotas on religious lines could be disastrous for Indian democracy and society. President Nitin Gadkari said, "We believe in equality of all and appeasement of none.” Spokesperson Tarun Vijay was quick to add, “ We will support any move to prevent such reservations.” — PTI

New Delhi, March 25
The Supreme Court today provided a major relief to Andhra Pradesh in a politically sensitive case by issuing an interim order giving the green signal for implementing the 4 per cent quota for Muslims in jobs and higher education.

A three-member Bench, headed by Chief Justice KG Balakrishnan, partly stayed the Andhra Pradesh High Court verdict striking down the reservation in favour of socially and educationally Backward Classes of Muslims Act, 2007.

The Bench, which included Justices JM Panchal and BS Chauhan, clarified that the quota should be extended only to the first 14 identified backward classes — which were mentioned in the Schedule to the Act — among the Muslims. However, the benefit would not be available to the “creamy layer” among these classes.

“The government is of the view that certain sections of the Muslim community are socially and educationally backward. What is wrong in it? It is only a question as to how you identify them. It is not a question as to whether they are Hindus or Muslims but the question is social and educational backwardness. Merely because they are Muslims they cannot be denied....the socially and educationally backward classes are identified,” the Bench observed, while passing the order.

The decision came on a special leave petition filed by the state government challenging the ruling of a seven-judge bench of the High Court, which had quashed the impugned policy as being unconstitutional on the ground that reservation cannot be extended on the basis of religion.

The High Court, while setting aside the state Act, had also quashed a subsequent 2007 government order allocating four per cent reservation to Muslim groups in educational institutions and jobs.

The state had moved a bill in the Assembly on the basis of a report submitted to it by Andhra Pradesh Commission for Backward Classes (APBC). The bill was later passed by the Assembly. The report had recommended that the socially and educationally backward should be adequately represented in the state.

“This is a temporary measure till the matter is finally decided. These matters are referred to the Constitution Bench to be listed in the second week of August, 2010” along with related appeals, the SC Bench said in the order.

Earlier during arguments, the CJI said the identification of more backward classes among Muslims by the Backward Classes Commission would continue. He also felt that reservation “cannot be given just because they are Muslims” and it was necessary to identify the educationally backward among them. Unless, quota was provided to the backward classes their plight would continue for another 100 years.

(With inputs from PTI)