Andhra HC quashes quota for Muslims
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Andhra Pradesh

Andhra HC quashes quota for Muslims

Last Updated: Monday, February 08, 2010, 14:52
Views 1310 Comments 12  
Andhra HC quashes quota for Muslims Zeenews Bureau

Hyderabad: Describing it as “unsustainable”, the Andhra Pradesh High Court on Monday rejected the Muslim Quota Bill which proposed 4% reservations for Muslims in educational institutions and government jobs.

A seven member bench of the High Court rejected the bill by 5 to 2 votes and observed: “The recommendations of the backward caste community is not sustainable so the enactment is also not sustainable.”

As per reports, the bench criticised the main objectives of the Muslim Quota Bill and the mechanical mannerism in which the state government was trying to appease certain sections of the society.

However, the court made it clear those admissions done since 2007 on the basis of this quota (while the case was being heard) will not be declared invalid.

Today’s ruling has come as a major shock for various Muslim bodies and political parties like Congress, which was trying to fulfil its electoral promise of giving reservations to Muslims.

The bench headed by Chief Justice AR Dave has been hearing the case for more than a year and concluded the hearings in March 2009.

A batch of petitions was filed in the High Court challenging the constitutional and legal validity of the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act-2007.

Under the act passed on July 23, 2007, the Congress government in Andhra Pradesh had extended 4% reservations in education and government jobs to the 15 backward groups of Muslims in Andhra Pradesh.

Earlier the case was heard by a five judge bench from 2007 to January 2008 but in view of critical issues involved in the matter, the case was transferred to a seven judge bench.

When the High Court did not issue stay order against the fresh admissions of Muslim students in professional colleges under the rule of reservation, the petitioners went to the Supreme Court but a three judge bench of the Supreme Court in August 2008 refused to stay the admissions and asked the high court to give the final verdict as early as possible.

The passing of the law was the third attempt by Congress government to fulfill its electoral promise of giving reservations to Muslims. Earlier Chief Minister late YS Reddy made two attempts to give 5% reservations through an executive order but it was quashed by the High Court in 2005.

First Published: Monday, February 08, 2010, 14:52

Comments

Tameez - Hyderabad
Its total injustice to Muslims. I am answering to those guys who have posted that the verdict given by High Court is correct. In fact, it is total incorrect and a biased verdict. I want to ask one question, can there be no economically backward people in Muslims? The economic backwardness can only exists in case of SC`s and BC`s (aka non muslims). When they are eligible for reservation why not economically backward people of muslims (that to 4 %). Is there is no scope in India to give simple 4 % reservation for economically backward ( income less than 4 lac per annum) muslims. Take the facts that is been collected by Sachar committee, Mishra report and many other... Imagine yourself by keeping yourself in shoes of people who are economically backward, then you will get the answer. citing above reasons, the verdict is totally biased one.
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Ash - Mumbai
This is a potential time-bomb that will destroy India. For poor people getting jobs means everything. There will be lakhs of conversion from Hindus, Sikhs, Christians, Jains, Buddhists, etc. This will encourage other states. This will lead to a religious civil war. What is the Congress doing just for votes? They are far superior than British in breaking India! Wake up Indians and fight for your and your families jobs!
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D.N.MAKHIJA - DELHI-6,INDIA
WE SHOULD RESPECT THE JUDGEMENT OF THE COURT. OUR JUDGES ARE VERY WISE AND THINK FROM MANY ANGLES WHEREAS THE POLITICIANS THINK FROM THEIR OWN ANGLES ONLY.
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santosh - pune
this is a great verdict by the court. This should push the political parties think in a different direction. A poor is a poor and rich is a rich. I doubt if 4% cota given to muslims how can it help the poor muslim.So cota must be based on economic criteria not rilision. Can any one tell me why saharuk khans son want a cota even if he is a muslim?
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Helal hazali - Hajipur
Mohd Ali-UAE- In fact it is good news too. First it revealed how much antagonism exist for us for just 4% of total 20% Indian Muslims, Second this verdict or what happenings worst ever for Muslims in India is giving a inner strength to learn self survival and invent self improvement to exist Third you see what is happening in Mumbai for Khans and the same person previously abuse Dr APJ KALAM too. But take lesson from a legend of Hydrabadi Indian Mohd Azharuddin, how much insult and pain bear and tolerated silently by a person who gave indian cricket a prestigious hight but he targeted to demote and demoralized to Muslims of India but his calm educated brain helped him and finally he get the right place.
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Mosiddiqui - Saudi Arabia
Reservations has become a tool in the hands of politicians. Just when this court order came out i see ``Buddhdeb announces reservations for Muslims in govt Jobs``. Politicians are only aiming to strengthen vote bank by appeasing with Reservations. Scrap all reservations OBC, BC, SC, ST. Bring in new legislation with BPL people in mind and rest if needed on economic conditions of the people irrespective of caste, creed, religion or language. Do the Indian politicians have the necessary strength to push thru such legislation. They are still wrangling over the women`s reservations. MoSiddiqui KSA
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venkat - mumbai
They joined a new faith which announced that there is no backwardness in that faith. Now how come you are saying that that faith is also discriminates its followers?
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sankar - bangalore
There is no caste system in Christians and Muslims.Then how can there be reservation on the basis of caste.Its high time reservation is made on economic criterea.This will help all the poor including the poor amongst christians and Muslims
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Charanpreet - India
Nice judgement. I always respect these type of judgements. I think in India everyone should be given equal rights. I cant understand why our society is divided on the basis of caste, and creed. Why not every person is treated as same as general public rather than OBC, SC, ST. Why we have quota systems. This is all vote bank politics. If Govt. have to allot quota, then quote should be there for people who are not capable of education, and other basic amenities based on there poorness not on caste and creed. And in JOBS there will be no quotas at all.
Bcoz of these reservation India ia very much backward coutry as compare to other western countries.

Jai Hind.
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Mohd. Ali - UAE
This is a sad news for the backward classes. The backwards are backward whatever religion or caste they belong to. This is unfortunate that some groups are against the progress of Indian muslims. However, this is a judgement by honourable court, we have to respect , go through the full judgement and proceed for possible legal action such as appeal in supreme court. It is socially justified that the backward people from muslim community of India should get the benefits of reservations which has been given to other castes. India should give justice and facilities to develop to all communties equally irrespective of religion.
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