NEW DELHI : On May 7 Andhra Pradesh government filed a Special Leave Petition (SLP) in the Supreme Court here against a Andhra Pradesh High Court order restraining the state from implementing the 4 per cent quota for Muslims in admission to educational institutions for the academic year 2008-2009.

In its SLP, the state government said that the total reservation in favour of Scheduled Castes and Scheduled Tribes and Backward Classes, including the Muslims, did not exceed 50 per cent. 

It said the identification of socially and educationally backward classes (SEBCs) among the Muslim community was made on the principles laid down by the Supreme Court in the Indra Sawhney’s case (Mandal case).

It said admissions were made in 2007 in terms of the Act and no specific infirmity was found in the Act by a five-judge Bench of the High Court that heard the case initially. It said the April 29 order staying admissions (for 2008-2009) was adverse to the interests of the social groups in the Muslim community identified as SEBCs and who had been denied the benefits of reservation till then and in whose favour reservation in the matter of admission in educational institutions had been provided. 

The SLP said that the report of the Andhra Pradesh Commission of Backward Classes had explained in detail the process of identifying the SEBCs of Muslims in Andhra Pradesh. 

Many social groups so identified through a participating process had been traditionally associated with profession/ occupations and castes/ communities traditionally associated with the same occupation had been identified as BCs in the Hindu community. 

But their counterparts in the Muslim community were denied similar treatment and the Act sought to undo this discrimination which was a historical injustice.

Several important questions of law of public importance needed to be decided in this case; the SLP sought a direction to quash the impugned order and an interim stay of its operation so that admission could be made for this year under the 4 per cent Muslim quota.

The Congress government in Andhra decided to approach the Supreme Court since it wants to keep the Muslim community in good spirits during the election year. 

Earlier, the HC stayed operation of the Muslim quota saying that it would take up hearing in the case after the summer vacation. The stay will affect the prospects of dozens of doctors from the Muslim community who want to pursue super-speciality courses.

Though admissions in professional degree courses have been completed, the academic year for postgraduate medical courses is only about to start.

Muslim students from different parts of the state had called on Majlis Ittehadul Muslimeen MP, Mr Asaduddin Owaisi, seeking his intervention.

The MIM leader, in turn, approached the Minorities Welfare Minister, Mr Mohammed Ali Shabbir, following which the state government decided to approach the Supreme Court. 

Another factor which prompted the government to make a move was the crucial by-elections to 17 Assembly and four Lok Sabha seats in Telangana, where there are lots of Muslim voters. “We will explore all legal possibilities to ensure that backward Muslim classes get the benefits of reservations,” said Mr Shabbir.

“The government is hiring top legal experts.” The government’s idea is to get the stay vacated so that it could continue with the quota in the ongoing PG medical admissions, and in admissions made in the new academic year. 

About 15,000 Muslim students stand to be benefit from the quota in all professional courses.

Andhra HC blocks Muslim quota in edu admissions

HYDERABAD : On April 29 a seven-member bench of the Andhra Pradesh High Court directed the state government to implement the Supreme Court stay on 4 per cent reservation for Muslims of backward classes in education institutions.

The bench comprising Chief Justice A.R. Dave, Justices T. Meena Kumari, B. Prakash Rao, D.S.R. Verma, A. Gopal Reddy, V. Eswaraiah and Goda Raghuram, taking up a bunch of petitions on the quota for Muslims under the BC ‘E’ category, adjourned the hearing till June thereby meaning that the reservation will not be applicable in admissions to various courses, including medical postgraduate courses, this academic year.

The 4 per cent quota was followed in the admissions in the last academic year benefiting over 4,700 students in professional colleges. “We are inclined to continue the stay of admissions under Andhra Pradesh Reservations in favour of socially and educationally Backward Classes of Muslims Act, 2007 relating to category ‘E’ till the final hearing of the batch of writ petitions since it is not possible to conclude hearing of the writ petitions before the summer vacation,” the bench observed.

The bench turned down the request of Advocate-General C.V. Mohan Reddy for an interim order to approve admissions made in accordance with the directions of a five-member bench of the court in November.

The Supreme Court had passed an interim order that no further admissions should be made under the Act. While disposing of the special leave petitions on the Act, the Apex Court had, on October 12, 2007, directed the High Court to proceed with hearing of the writ petitions and try to dispose them of before October 31. The apex court observed that the High Court could consider passing of appropriate interim order regarding admissions of students if the writ petitions were not disposed of within that period, but said that its interim order would remain in force till then.

Based on the Supreme Court’s directives, a five-member bench of the High Court gave an interim order in November that the counselling for the B.Ed and other professional courses may go on but said that the admissions should not be finalised until further orders.

The High Court order staying four per cent reservation for Muslims of backward sections in education institutions will affect the medical post-graduate admissions.

The school education department is also waiting for directions on implementing Muslim reservations for D.Ed admissions.

“We are hoping that the stay will be vacated before the admissions begin. We will request the HC to take up the hearing earliest by June 5 as further delay will affect Eamcet admissions,” said minister for minority welfare, Mr Mohd. Ali Shabbir.

Eamcet admissions are expected to start in July/August this year and about 1.5 lakh seats are available in various engineering disciplines. Other professional tests like Icet, Lawcet also admit 60,000 students.