Supreme Court to hear govt on Muslim quota
The Supreme Court on Monday admitted the Union government's appeal challenging a judgment of Andhra Pradesh high court, which quashed the Centre's decision to carve 4.5% quota for Muslim groups within the 27% OBC reservation in jobs and admission to central educational institutions.
A bench of Justices K S Radhakrishnan and Dipak Misra admitted the Centre's appeal and ordered it to be tagged with a pending appeal of Andhra Pradesh government challenging another decision of the HC on carving out of 4% quota for Muslims in jobs.
During the summer vacation, the Union had pleaded for an interim stay on the HC decision so as to implement the Muslim sub-quota in IIT admissions, but the vacation bench had refused to grant the interim relief saying the decision on Muslim sub-quota prima facie appeared to be against the mandate of the Constitution.
In Andhra Pradesh, the quota for Muslims had a history starting from the YSR Reddy government's 2004 decision to carve out 5% quota in favour of the minority community. After the decision was quashed by the HC in September, 2004, the government had passed an Ordinance in 2005 to implement the reservations for Muslims.
But, the HC against quashed it in November 2005. Subsequently, the state backward commission recommended 4% quota for Muslims in jobs and admissions after identifying 15 groups within the minority community as socially and educationally backward.
But, the HC yet again quashed it in February, 2010. This was challenged by the state government in the apex court, which stood referred to a constitution bench for adjudication and the matter is still pending.