New Delhi, India - Andhra Pradesh government today contended before the Supreme Court that the law providing four per cent reservation to Muslims in professional and educational institutions was not on religious lines but based on careful identification of Socially and Educationally Backward Classes (SEBC) among the community.
"The Act providing four per cent reservation to the socially and educationally backward Muslims is based on careful identification of the SEBCs of Muslims based on best expertise available in the field ...," the state government said in an affidavit.
The apex court, while stopping any further admissions under the controversial law on September 28, had sought response of the Andhra Pradesh government on sub categorisation of SEBC Muslims for extending the benefit of reservation.
Defending the legislation, the state government said "neither the Act nor the report of the Commission based on which an Ordinance was promulgated and subsequently the Act was passed can be termed as religious based".
The Andhra Pradesh government has accepted the report of the P S Krishnan rpt (Krishnan) Commission which contended that bulk of Muslim SEBCs were lost sight of over several decades, whereas other groups had the benefit of reservations for over 30 years, including Scheduled Castes converted to Christianity.
"The sub categorisation of SEBCs of Muslims is not based on religion alone. But it is on account of their delayed and recent inclusion on their relative backwardness vis-a-vis existing SEBC and therefore, the same is lawful," the affidavit said.