HYDERABAD, 3 August 2004 — The Andhra Pradesh High Court yesterday resumed hearing writ petitions challenging a state government order for five percent reservation to Muslims in education and jobs.
A five-member bench comprising judges B. Sudershan Reddy, J. Chelameswar, Gulam Mohammed, A. Gopal Reddy and K.C. Bhanu heard arguments by K. Ramkrishna Reddy, counsel for Vishwa Hindu Parishad leader T. Muralidhar, who had challenged the order.
The arguments remained inconclusive and the hearing will continue today.
The bench is hearing 16 petitions challenging the order or supporting it.
Ramkrishna Reddy contended the order was arbitrary and had been issued without “application of mind”. He challenged the order on the ground that the government did not follow the mandatory procedure of consulting the backward classes’ commission before declaring Muslims a backward class.
Reddy pointed out the government had relied on the report of the commissioner of minorities’ welfare, which was not a designated body. He termed as irrelevant the study report of the commission on the socio-economic conditions of Muslims based on which the order was issued.
“It is irrelevant material based on extraneous considerations,” Reddy said.
He pointed out that even after the hearing had begun in the court, Chief Minister Y.S. Rajasekhara Reddy had said that his government would bring legislation or an ordinance to implement the reservation.
Reddy claimed the chief minister had directed authorities to issue the order merely on the basis of a representation by Muslims.
He also pointed out the order was issued despite the subject of providing reservations to Muslims being under the consideration of the backward classes’ commission.
The reservation for Muslims had affected rights of “millions of meritorious students”, Reddy claimed. The reservation quota in the state already stood at 52 percent with 25 percent for backward classes, 15 for scheduled castes, six for scheduled tribes, three for physically handicapped, two for ex-servicemen and one for sportspersons.
This, he contended, exceeded the 50 percent limit fixed by the Supreme Court.
Reddy questioned the government action in declaring an entire community as backward and pointed out the order was silent on excluding the creamy layer.
Among those supporting the reservation are the Majlis-e-Ittehadul Muslimeen, the Urdu daily Munsif and several Muslim educational societies.
— Additional input from IANS
