March 25, 2010 8:31 PM

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SC upholds reservation for backward Muslims in Andhra

The Supreme Court on Thursday permitted Andhra Pradesh to provide four per cent reservation in jobs and education for backward members of the Muslims but referred to a special bench the issue of its Constitutional validity. Lifting the stay on the Andhra Government's decision, a three-judge bench of Chief Justice K G Balakrishnan, Justice J M Panchal and B S Chauhan said, since it involves important questions of Constitution, they are referring the matter to a Constitution bench for hearing in the second week of August. As many as 14 Muslim groups identified as socially and educationally backward sections by the State Backward Commission would now be eligible for the benefit.<br/><br/>The decision came on a special leave petition filed by the State Government challenging the ruling of a seven-judge bench of the High Court which had quashed the impugned policy as being unconstitutional on the ground that reservation cannot be extended on the basis of religion.<br/><br/>A seven-judge Constitution bench of the High Court had by a majority judgement of 5:2 held the Andhra Pradesh Reservation for Socially and Educationally Backward Classes of Muslims Act, 2007 unsustainable and violative of Article 14 (equality before law) and other provisions pertaining to prohibition of discrimination by State on grounds of religion, race, caste, sex or place of birth.<br/><br/>The High Court, while setting aside the state Act, had also quashed a subsequent 2007 government order allocating four per cent reservation to Muslim groups in educational institutions and jobs.

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