New Delhi: The Supreme Court on Thursday decided
to hear on March 22, the petition filed by Andhra Pradesh
government challenging the verdict of the High Court striking
down a state law providing four per cent reservation in
educational institutions and jobs to the Muslim community.
A seven-judge Constitution bench of the Andhra Pradesh
High Court had by a majority judgement of 5:2 held that the
law providing 4 per cent reservation to backward class Muslims
in the state was "unsustainable" and violative of Article 14,
15(1) and 16 (2) of the Constitution.
Attorney General G E Vahanvati mentioned the appeal on
behalf of Andhra Pradesh government before a Bench headed by
Chief Justice K G Balakrishnan and sought an urgent hearing
saying the issue is important and requires some arguments.
However, his submission was opposed by senior advocate
Ravi Shankar Prasad who said there was no need for urgent
hearing on the appeal as the state government has envisaged
reservation for Muslims on religious basis.
Prasad, who is also a BJP spokesman, was appearing for
some of the people on whose petition the High Court had passed
the judgement holding the Andhra Pradesh Reservation in favour
of Socially and Educationally Backward Classes of Muslims Act,
On the other hand, Vahanvati said there was urgency in
the matter as the High Court has struck down the entire law
providing reservations for Muslims.
Counting this, Prasad said "religion based reservation
has no place in the Constitution".