The Andhra Pradesh High Court Thursday stayed the enforcement of five percent reservation to Muslims in educational institutions and government jobs in the state.
Passing an interim order, a division bench comprising Chief Justice Devender Gupta and Justice C.V. Ramulu granted the stay on a batch of petitions challenging a state government order.
The court directed the authorities not to fill up five percent seats in medical, engineering and other professional colleges till the final order was pronounced in the matter.
The bench referred the matter to a full bench and posted the next hearing in the case to July 27. The validity of the government order will be decided by the full bench comprising three judges.
The Vishwa Hindu Parishad (VHP) and three students had filed separate petitions challenging the June 12 government order providing five percent reservation to Muslims in educational institutions and employment.
Their contention was that the reservations on the basis of religion was unconstitutional and also violated a Supreme Court order restricting the total reservation quota to 50 percent.
After hearing the arguments on four petitions challenging the government order Wednesday, the bench had reserved its order and the same was pronounced Thursday.
D.V. Seetaram Murthy, counsel for two students, said the court prima facie found that the government order had been passed without following the mandatory consultative process and was in violation of a Supreme Court order.
"Since the matter involves the interests of 4,000 students the court directed that the government order be kept in abeyance till the final orders," said Murthy.
Murthy, along with counsel Ramakrishna Reddy and Ramesh Ranganathan of the VHP and students, contended before the court that there was no application of mind while issuing the government order.
They pointed out that before declaring the entire Muslim community as backward the government did not consult the Backward Classes Commission, which was mandatory as per the Supreme Court order. They said the government relied on the report of the Minority Commission, which was not a competent body in the matter.
Counsel also claimed that five percent reservation exceeded the 50 percent reservation limit set by the apex court. They told the court that the government had no facts and data before it while declaring Muslims backward.
Murthy also referred to a decision by the Backward Classes Commission of 1982 that Muslims could not be included in the list of backward classes.
Advocate General Sudershan Reddy, however, defended the government order, saying it was based on a study done on the socio-economic conditions of the Muslim community. He argued that the government was well within its powers to issue the order.
He said the order was not issued in an arbitrary manner and it was not mandatory for the government to consult the Backward Classes Commission before issuing such an order.
He said since Islam does not have a cast system, the order had not named the castes that will enjoy reservations but made it clear that it would be provided only to the economically and educationally backward.