India First Edition

Hyderabad, Feb. 8 : Resolving the suspense over the much-awaited judgement on the controversial Muslim reservations, the seven-member bench of Andhra Pradesh High Court on Monday quashed the Bill providing four per cent reservations to Muslims in educational institutions created by the Sate Government.

The bench headed by Chief Justice Anil Ramesh Dave ruled that reservation on religious grounds could not be accepted and struck down the Muslim Reservation Bill. It was a split verdict as two judges supported the reservations.

The Congress Government suffered a major setback, as the Muslim reservations was one among thepoll promises of the erstwhile Chief Minister Y.S. Rajasekhara Reddy.

The judgment was pronounced after over one year of arguments which concluded in March 2009.

The Bench found fault with the BC Commission for depending on Krishnan Committee Report which had conducted its survey in only six districts of the State to decided teh backwardness of Muslims, saying that it was unsustainable.

The verdict aroused sharp reactions from the Muslim community.

Led by the floor leader of All-India Majlis-e-Ittehaadul Muslimeen (a Hyderabad-based political party) in the Andhra Pradesh Legislative Assembly, Mr. Akbaruddin Owaisi, a large number of protesters tried to storm into the State Secretariat.

They were arrested by the police and taken to Goshamahal Stadium.

Meanwhile, the State Government dropped enough hints that it would move the Supreme Court on this issue.

After the Y S Rajsekhar Redddy-led Government passed the Bill, in July 2007, allowing Muslim minorities 4 per cent reservations in educational institutions amidst stern protests from the Bharatiya Janata Party (BJP) and some other groups, a batch of writ petitions were filed challenging the constitutional and legal validity of the Government’s move.

Challenging the Reservations in favour of socially and educationally backward classes of Muslims Act 2007, the petitioners challenged the veracity of the Act which, they alleged, was based on communal lines.

Under the Act, the State Government had extended 4 per cent reservations in educational institutions to the 15 backward groups of Muslims in Andhra Pradesh. Identification of the 15 backward groups was a contentious issue.

There were heated debates and deliberations on deciding the backwardness of Muslims as the religion has no caste but has only two sects and various sub-sects.

The case was heard by a five- member bench from 2007 to January 2008 but was transferred to a larger bench in view of critical issues involved.

When the High Court did not give a stay order against the fresh admissions of Muslim students in professional colleges under the Act, the petitioners moved Supreme Court in August 2008 where a division bench consisting of three judges refused to stay the admissions and asked the High Court to “give the final verdict as early as possible.”

The Bill was passed in the third attempt by Y. S. Rajasekhara Reddy to fulfil his electoral promise of providing 4 per cent reservations to Muslims.

In the first attempt his Government brought in 5 per cent reservations through an executive order but it was quashed by the High Court in 2005. The Supreme Court too struck it down as the reservations had crossed the upper limit of percentage.

The State then scaled down the reservations to 4 per cent.

Andhra Pradesh High Court