The Union Government has challenged the Andhra Pradesh High Court judgement quashing the Government notification providing 4.5 per cent sub quota to Muslims within OBC reservation in Centrally-run educational institutions and jobs. A bench headed by the then Chief Justice Madan B Lokur, who had since been elevated to the Supreme Court, had declared the Government notification ultra vires of the Constitution of India as the quota was based on religious grounds which was not permissible under the Constitution.
The State government had implemented Sachar commission report recommendation for providing 4.5 per cent reservation to Muslims in admission as well as in jobs. The petition was filed yesterday and is likely to be mentioned before the vacation bench of the apex court for urgent hearing since the UPA II government is seeking interim stay against the operation of the impugned High Court judgement.
The Government has contended that the quota was not based on religious grounds but it was meant for socially, economically and educationally backward sections of the minorities which was permissible under Art 15(4)and 16(4) of the Constitution of India. UNI