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State to move to Supreme Court on four percent reservation issue
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State to move to Supreme Court on four percent reservation issue
High Court earlier rules the move as unconstitutional

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State to move to Supreme Court on four percent reservation issue

High Court earlier rules the move as unconstitutional

The Andhra Pradesh government moved the Supreme Court against a judgment of the Andhra Pradesh High Court holding as unconstitutional, the four percent quota provided to Muslims in educational institutions. Assailing the High Court judgment dated February 8, the State in its SLP said that as of 2004, there were only two communities among Muslims that found a mention in the list of Backward Classes accounting for 19.5 percent of the State’s Muslim population according to Justice Sachar Committee report.

This is to be compared with the inclusion of 75 percent of the Hindu Community in SC/ST and BC lists. The disturbing and unjustification of BCs among the Muslims in Andhra Pradesh was noticed and efforts made to rectify this. The Andhra Pradesh Commission for BCs identified 14 groups within the Muslim Community and recommended creation of a separate group with four percent reservation.

The Commission excluded 10 social groups that were found to be not socially backward. The SLP said the High court had erroneously held that the four percent quota would encourage conversion to Islam and would thus be against secularism. The High Court did not go into the substantive issues whether any of the social groups listed as socially and educationally backward was the fact not SAEB. It contented that providing reservations to Muslims among them would in no way militate against secularism.

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