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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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