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Andhra High Court quashes Muslim reservation ordinance
by Narendra

     Hyderabad: The Andhra Pradesh High Court on Monday quashed an order of the State Government providing five per cent reservations to the Muslims in educational institutions and government jobs. Disapproving the reservation policy on the basis of religion, the five-member bench headed by Chief Justice Bilal Nazki noted that the procedure adopted by Backward Classes Commission, whose report formed the basis of Muslim Reservation Bill, was not correct. Several Backward Class organisations and students had moved the high court, challenging the reservation policy. The petitioners had contended that with the Muslim quota, the total reservations in the state had exceeded 50 per cent. However, the state government cited that in neighbouring state of Tamil Nadu, the reservation percentage had exceeded 50 per cent and the same was held valid by the Supreme Court. The state cabinet, in May this year, had approved a report of the Backward Classes Commission which had recommended inclusion of Muslims in the list of Backward Classes by creating a separate category and providing five per cent reservation in jobs and educational institutions. An ordinance was issued in June categorising Muslims, who constitute 9.2 per cent of the state's total population of 7.5 crore, as BC `E' group for the purpose of reservations. The creamy layer among Muslims, with an annual income above 2.5 lakh, were excluded from the purview of reservations. With this, the total percentage of reservations in the state had gone up to 51, which was was contrary to the Supreme Court's order. After that, the Andhra Pradesh Legislative Assembly had passed the Bill , on October 5, during the monsoon session.

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