Hyderabad, February 09: The State Government’s bid to provide reservations to Muslims have been beset by snags ever since the late YS Rajasekhara Reddy envisaged them on coming to power in 2004.
It is for the third time that the High Court has quashed the proposed quotas.
As soon as he became chief minister, Rajasekhara Reddy had an executive order issued providing 5 per cent reservations to Muslims. But, in November 2005, the High Court quashed the order as unconstitutional and arbitrary.
When the State went in for appeal, the Supreme Court, in January 2006, refused to grant stay on the High Court order.
The same year, a legislation was brought forth providing 5 per cent reservations but this too was also struck down on the grounds that reservations could not be provided on the basis of religion.
The government, however, on the advice of the High Court, reconstituted the backward classes commission and entrusted it with the responsibility of undertaking a thorough survey of the socio-economic conditions of the Muslims.
On 4 July 2007, the State Cabinet approved the BC Commission’s report and based on this scaled down the quota from 5 percent to 4 with a view to averting further legal hurdles.
On July 7, the then governor Rameshwar Thakur issued an ordinance to this effect. On July 23, the AP Reservation (in Favour of Socially and Educationally Backward Classes of Muslims) Bill was passed in the Assembly replacing the ordinance.
Understandably, the Bharatiya Janata Party (BJP), opposed the move to create reservations on the basis of religion.
Its Floor Leader G Kishan Reddy described the bill as unconstitutional and voiced the fear that it might portend “danger to national integrity’’.
He staged a walkout from the Assembly.
The bill excluded the creamy layer among the Muslims — that is, those who with an annual income of over Rs 4 lakh were not eligible to avail themselves of the benefit.
The then minister for Minorities Welfare, Mohammad Ali Shabbir, in his reply to the debate on the issue in the Assembly, said the new reservations would be available to 15 groups identified by the AP Backward Classes Commission as socially and educationally backward. For the purpose of extension of reservations to Muslims, a new group, E, was created in the Backward Classes list.
By reducing the quota to four per cent, the total reservations in the State averted the 50 per cent ceiling imposed by the Supreme Court and by categorising the Muslim Community into 15 backward groups, the reservation facility was to appear as if it was being given on a socio-economic rather than a religious basis.
After the act was passed, it was again challenged in the Hgih Court. The petitioners had contended that the government had identified Backward Classes among Muslims without the support of sufficient data. When the High Court allowed admissions made under the quota, the petitioners approached the Supreme Court which stayed implementation of the order but left it to the High Court to dispose of the petitions.
Timeline
July 5, 2004: Commissioner of Minorities Welfare reports to govt.
July 12: GO 33 issued providing 5 pc reservation for Muslims.
Sept 21: High Court declares GO illegal but upholds power to reserve for non-Muslims.
Nov 18: BC Commission reconstituted.
Nov 22: Newly-constituted commission under Justice Dalwa Subrahmanyam takes charge.
Dec 6: Commission meets for identification of BCs.
May 17, 2005: Last date for submitting objections to commission.
June 14: Commission recommends reservation for Muslims.
June 20: Ordinance providing 5 pc reservation promulgated.
Nov 7: Five-judge HC bench strikes down the Act.
Jan 4, 2006: Supreme Court orders status quo on State Govet’s appeal April 17, 2007: Govt refers to BC Commission the limited question of Muslims as BCs.
May 21: Application seeking criteria before BC Commission.
May 18: Govt appoints PS Krishnan as advisor to govt.
June 11: Krishnan submits report to govt.
July 3: BC Commission submits report.
July 6: Ordinance providing 4 pc quota promulgated.
July 10: First writ petition filed.
Aug 24: Matter referred to 5-judge bench.
Aug 18, 2008: Five-judge bench begins hearing.
Nov 18: Advocate-General Mohan Reddy begins arguments Feb 2009: Arguments end.
BC reservation seems jinxed with the government.
This is the third time that the High Court has struck down the government action. The entire legal dispute has seen two chief ministers, three chief justices and three advocates-general.
In the earlier round the matter was heard by Chief Justice (acting) Bilal Nazki then Chief Justice Singhvi and finally Chief Justice AR Dave.
Three Advocates-General have been called upon to defend the quota. They were D.Sudarshan Reddy, CV Mohan Reddy and DV Sitaram Murthy. One constant face for the government is present Additional Advocate- General Satya Prasad.
In the present round, even the admissions of the writ petitions faced technical hiccups. The matter was first posted before Chief Justice Singhvi and Justice CV Nagarjuna Reddy. Justice Reddy recused himself.
It was then posted before Chief Justice Singhvi and Justice Seethapathy. Then Justice Seethapathy recused.
The matter then came up before the Chief Justice and Justice Nooty Rammohan Rao. Justice Nooty Rammohan Rao recused. The matter was then admitted by Chief Justice Singhvi and Justice B Prakash Rao.
Conspicuous by his absence was advocate Sriram Subrahmanyam who had played an active role in the many rounds of hearing of the litigation but was not available to receive judgement for petitioners as he is now with the government as a special government pleader.
Justice Varma crated a record of sorts in not delivering his judgement and only announcing his verdict.
—-Agencies—