Hyderabad, February 08: Describing it as “unsustainable”, the Andhra Pradesh High Court on Monday rejected the Muslim Quota Bill which proposed 4% reservations for Muslims in educational institutions and government jobs.
A seven member bench of the High Court rejected the bill by 5 to 2 votes and observed: “The recommendations of the backward caste community is not sustainable so the enactment is also not sustainable.”
As per reports, the bench criticised the main objectives of the Muslim Quota Bill and the mechanical mannerism in which the state government was trying to appease certain sections of the society.
However, the court made it clear those admissions done since 2007 on the basis of this quota (while the case was being heard) will not be declared invalid.
Today’s ruling has come as a major shock for various Muslim bodies and political parties like Congress, which was trying to fulfil its electoral promise of giving reservations to Muslims.
The bench headed by Chief Justice AR Dave has been hearing the case for more than a year and concluded the hearings in March 2009.
A batch of petitions was filed in the High Court challenging the constitutional and legal validity of the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act-2007.
Under the act passed on July 23, 2007, the Congress government in Andhra Pradesh had extended 4% reservations in education and government jobs to the 15 backward groups of Muslims in Andhra Pradesh.
Earlier the case was heard by a five judge bench from 2007 to January 2008 but in view of critical issues involved in the matter, the case was transferred to a seven judge bench.
When the High Court did not issue stay order against the fresh admissions of Muslim students in professional colleges under the rule of reservation, the petitioners went to the Supreme Court but a three judge bench of the Supreme Court in August 2008 refused to stay the admissions and asked the high court to give the final verdict as early as possible.
The passing of the law was the third attempt by Congress government to fulfill its electoral promise of giving reservations to Muslims. Earlier Chief Minister late YS Reddy made two attempts to give 5% reservations through an executive order but it was quashed by the High Court in 2005.
–Agencies