Home > AP GOVT, AP High Court., muslims, Reservation > AP High Court Order against 4% Reservations for Backward Muslims. Govt embarassed, will appeal in SC.

AP High Court Order against 4% Reservations for Backward Muslims. Govt embarassed, will appeal in SC.

Muslim Lady Voted in to Power Congress on the popular measure of 4% Reservation, The State Govt. is blamed for not presenting its defence to the panel, with determination. Muslims, missing Late Rajsheker Redfdy's type of comiment towards them.

Feb. 8:   Muslims of Andhra Pradesh, and the govt of AP suffered a setback,  Lakhs of Muslim Boys and and Girls, hope to find their place in field of education and jobs spent sleepless night, with their future plans and hopes in balance in Courts.   

As  AP High Court in a majority decision on Monday struck down as unsustainable the legislation providing four per cent reservation in educational institutions and government jobs to backward groups among Muslims.

 A seven-member bench headed by Chief Justice Anil R. Dave was divided 5-2 and provided three different decisions while striking down the legislation. Justice Dave while pronouncing the verdict on his behalf and on behalf of Justice A. Gopal Reddy, Justice V. Eswaraiah and Justice G. Raghuram opined that the legislation failed to define the expressions “Muslim” and “other Muslim groups.”

 The Act violated Articles 14, 15(1) and 16 (2) of the Constitution. The court faulted the surveys relied upon by the BC Commission to enumerate Muslim backwardness. The commission’s own survey was “not sufficient,” it said.

The court struck down the AP Reservations in Favor of Socially and Education-ally Backward Classes of Muslims Act, 2007 and the Government Orders Ms 23 and 231 to provide reservation for Muslim.

 Lakhs of Muslim boys and girls, in preparation for approaching intermediate, and emcet exams.  The reservation for the backward and the disadvantaged in the Muslim community gave the needed start to the trend in the Muslims to go for proper education, and gradually but surely raise the bar of percentage of literacy in Muslim backward community.  

 The admission so far made under this reservation policy of 4% since 2007 will not be effected. But the future admissions or admission hereafter may get blocked.  The govt of AP acted apparently swiftly to go for appeal against the order of High Court in Supreme Court, immediately.

 The Muslim organizations, like MEC Minorities Empowerment Council, demand restoration of the reservation policy, in consultation with legal experts, and represent, appeal without any delay to the Supreme Court, with determination and zeal. 

The judgment has many issues, discussed, like.

 The judges said, “In our opinion, the 2007 Act is religion-specific and potentially encourages religious conversion, and is thus unsustainable.” 

All the SC and ST reservation for tens of years are for Hindus specific, any conversation to any other religion other than Hinduism, excludes them from the SC ST category and they in fact loose the right to ask for reservation.  This is the reason govt of AP moved a campaign to extend reservation even in cases where a conversion takes place, and a SC ST Hindu converts to any other faith.

The Ranganth Commission has recommended 15 % reservation for Minorities, and the commission specifically wanted10% of it reserved for Muslims alone. The commission found the Muslims are backward, and are getting both economically, socially alienated; they needed strong commitment for the govt. To uplift them in jobs, education, and economic supports like scholarships, and soft loans etc.

I appeal to the Govt. and the Judiciary to take recommendations of the Sachar, and Ranganth Commissions as guidelines to proceed on the issue of supporting the Minorities on this Country.

The good news is the West Bengal Govt announced 10% reservations for Muslims yesterday.

BJP and VHP are using this to justify their own stands. Blaming the Congress and the Communists are playing vote bank politics.

MIM staged protests in front of Secretariat on 8th . MIM a stong alley of Congress, is also facing embrassment, this is one big issue which helped them too to win 7 mls seats in the City of Hyderabad.

 The Muslims expected the leaders of MIM should have taken this matter seriously and follwed it closly with the govt legal department in defending and helping the govt in arguing the case in High Court.

I am hopeful,  there will a relief from the supreme court at the earliest,  and the govt at the centre should make its point clear on this issue.

It is high time UPA govt goes, for a parliamentary bill to make 10% reservations a law for the Muslims  in all States of India. As recommended by Ranganth Comission. 

We speak of rights of Muslims, our leaders, and political parties and the govts, who win elections and run govts with the supprot of Minorities fail to defend them rightfully. Why ?

 We Speak of Separte Telanagana, and United Andhra the problem today is bigger and grave the rights of the people who are disadvantaged.

  1. Maaz
    February 10, 2010 at 11:04 am

    High court has hammered again, & this time it was hard for Minorities. Like Mr. Adil all the Minorities are under a HOPE, even I am pessimistically optimistic on this SCOPE of HOPE.
    Again, I feel Adil bhai’s MEC is a step in a very right direction, anyways……….Forewarned Forearmed !!!

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