HC halts 4% Muslim quota

HYDERABAD: The seven-judge bench of the A P High Court on Tuesday directed the state government not to make admissions under the four per cent reserved for Muslims in the Backward Class category, pending a decision on the batch of writ petitions before the court. The Supreme Court had ordered a stay on the quota in September last year. However, by then, most of the admissions under the quota were completed. The extension of the stay by the High Court on Tuesday would effectively stall all admissions under this quota as the admission process for the coming academic year is yet to begin. The bench was hearing the batch of cases questioning the reservations in education institutions and public employment for the Muslim community in the state. Earlier, a five-judge bench had referred the cases to the seven-judge bench. The attempts by the government to provide reservations for Muslims in the state have come a cropper twice earlier in the courts. On Tuesday, the bench of Chief Justice Anil R Dave, Justices T Meena Kumari, B Prakash Rao, D S R Varma, A Gopal Reddy, V Eshwariah and G Raghuram pointed out to an SC order made on October 12, 2007, and said that accordingly, seats in the said category will not be filled up. The government first made an attempt to extend the reservation by a government order. However, a five-judge bench presided over by Justice B Sudershan Reddy quashed the GO primarily on the ground that the identification of backward classes was not done as required under the law by a BC Commission. The government then constituted the commission headed by Justice Dalwa Subramanyam. On the basis of the report of the said commission, the government yet again granted five per cent reservation in favour of Muslims. This time round, a five-judge bench headed by the then acting chief justice Bilal Nazki set aside the action on various grounds. The state government then filed an appeal before the apex court questioning the judgment of the five-judge bench. The SC, however, refused to suspend the operation of the order but protected the admissions made in that academic year. The government again went to the commission and sought a report in terms of the judgment and provided four per cent reservations for identified communities of Muslims. The said legislation again was challenged. The High Court permitted certain admission to be made on the basis of the legislation leading to an appeal before the SC. After staying the admission in September last year, the Supreme Court on Oct 12 said the writ petitions be disposed of by the end of October and in the meanwhile, not to give effect to the said reservations. The apex court had also left it open to the HC to make appropriate orders if it is not in a position to dispose of the case within the stipulated time. The matter then went to different five-judge benches and finally, hearing got underway in Nov. 2007. The bench found that the matter needed scrutiny by a larger bench. When the matter came up on Tuesday, four days before the courts close down for summer recess, it was agreed by all parties that the matter would not be completed in the remaining four days. As an interim measure, the bench said it would go by the earlier order of the apex court and directed that reservations for the said category not be given effect to until further orders.
30 Apr 2008, 0234 hrs IST , TNN
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