SC gives half-nod to quota for 'backward' Muslims

NEW DELHI: The Supreme Court on Thursday restored the Andhra Pradesh law providing 4% exclusive quota in jobs and educational institutions for ''backward'' groups among Muslims.

The interim order passed by SC revived the law which was struck down as unconstitutional by a seven-judge bench of the Andhra high court on the ground that it violated the constitutional provision forbidding faith-based quota.

A Bench headed by Chief Justice K G Balakrishnan and comprising Justices J M Panchal and B S Chauhan has left it for a five-judge Constitution Bench to decide the legality of the law which takes overall quota in the state to 49%. The Constitution Bench is to start scrutiny mid-August.

The court, however, stayed implementation of a provision of the law seen as aimed at putting the entire Muslim community, except 10 groups, under the "backward" bracket, entitled to reservations in jobs and school and college seats.

Arguing for the law, attorney general Goolam Vahanvati and senior counsel K Parasaran said that denying quota benefits to Muslim backwards when such benefits are available to their socially equivalent groups among Hindus would be discrimination - an argument that undergirds the recommendation of Ranganath Misra Commission that dalits among Muslims and Christians are also entitled to reservation.

BACK AND FORTH OVER 6 YRS

2004: YSR govt issues order in July for 5% quota for Muslims in education, jobs. HC strikes it down in Sept

2005: AP categorizes all Muslims as backward, issues ordinance for 5% quota, becomes an Act in Oct. HC strikes it down in Nov, calling quota on basis of religion unconstitutional

2007: State enacts Act for 4% quota to 15 backward Muslim groups in August. Month later, SC stays admissions under quota

2008: Supreme Court vacates stay, sends case back to Andhra HC

2010: HC strikes down quota in February. On March 25, SC upholds quota; constitutional bench to examine issue in August