YSR: Supreme Court order on reservation not a setback
The Supreme Court's refusal to stay an Andhra Pradesh High Court judgement quashing five percent reservations to Muslims in educational institutions has come as a setback to the Congress government in the state.
While the government maintains that it was not a setback and it would do everything possible to defend its move, the Muslim community feels that the reservations would be possible only through legislation.
Andhra Pradesh Chief Minister Y.S. Rajasekhara Reddy Wednesday did not agree that the Supreme Court's order was a setback to his efforts to provide reservations to the community.
"The Supreme Court has not annulled the seats given to minority students in professional courses under the quota and referred the matter to a constitutional bench," he told reporters.
Asked what would be his future course of action, the chief minister said: "We will see the judgement copy and do what we can".
Majlis-e-Ittehadul Muslimeen (MIM), a Muslim political party, said the only option available to provide reservations to Muslims was through legislation.
"Reservation is possible only by passing a legislation in the parliament," said MIM's leader in state assembly Akbaruddin Owaisi. The party has five members in the 294-member assembly.
The main opposition Telugu Desam Party said the Supreme Court order had once again proved that the government was not sincere in providing reservations.
"We have been asking the government to take adequate measures to protect reservations but it has failed," said TDP leader M.V. Mysoora Reddy. He alleged that by taking half-hearted measures, the Congress was playing with the future of Muslim students.
Under the quota, Muslims students got about 250 seats in the medical and more than 4,000 seats in engineering colleges.
While declining to give a stay, the Supreme Court directed the authorities to maintain status quo in case of those who have already availed the benefit of the quota.
The Andhra Pradesh High Court Nov 7 last year had quashed the ordinance and the subsequent act as unconstitutional and void.
The court described as "insufficient" the report of the State Backward Classes Commission, on the basis of which an ordinance was issued in July.
The court, however, granted leave to the state government to file a petition in the apex court.
The state government in June 2004 had issued an order providing five percent reservations to Muslims in educational institutions and jobs. The High Court, however, struck down the order issued on the basis of a report by minorities department. The full bench had asked the government to constitute a commission to go into the demand for reservations for Muslims.
Consequently, the state government constituted a four-member commission. The panel submitted its report to the government June 14. An ordinance was issued in July. In October, the state assembly passed a legislation replacing the ordinance. (IANS)