The Andhra Pradesh government will file a special leave petition in the Supreme Court against the state high court verdict striking down the five percent reservations for Muslims in educational institutions and public employment.
Chief Minister Dr Y S Rajasekhar Reddy said, "There is a need for a review of the issue by the apex court."
He pointed out that the high court's larger bench, while delivering the judgment, had granted the leave to appeal to the Supreme Court on the request of the state government.
He said that the high court had also granted status quo for a period of four weeks on the admissions already made on the basis of reservations for Muslims.
"The very fact that the high court has granted leave to appeal and also status quo on the admissions already made indicates that the high court itself felt that its judgment is to be tested by the Supreme Court," he observed.
He expressed happiness over the findings of the high court larger bench that 'Muslims as a class can be provided reservations under articles 15 (4) and 16 (4) of the Constitution of India'.
Asked whether the high court judgment, striking down the reservations for the second time in the last 14 months, came as a setback to his government, Dr Reddy shot back, " Absolutely not."
"This will only strengthen our resolve to do whatever we have committed in our party's election manifesto. We will not go back on our commitment," he declared.
Dr Reddy said the high court had struck down the reservations on the ground that the material relied upon by AP Backward Classes Commission for recommending the quota for Muslims was not sufficient with regard to educational, social and economic backwardness of this community. "The high court only expressed dissatisfaction on the commission's findings on the issue," he added.
He said the commission, headed by a retired judge of the high court, had done a good job and relied on data from authoritative sources, including the National Sample Survey. The commission had also visited eight or nine districts to gather data on the status of the Muslims before giving its report. The commission had excluded the creamy layer of Muslims from the purview of the reservations.
The chief minister pointed out that neighbouring states such as Tamil Nadu, Karnataka and Kerala earmarked reservations for backward sections of Muslims. Karnataka provided four percent quota for Muslims and Kerala offered seven percent reservations for this community.
Terming the high court's observation on the total reservations exceeding 51 percent as a 'minor thing', Dr Reddy recalled that the total reservations in Tamil Nadu were as high as 69 percent, much beyond the 50 percent stipulation by the Supreme Court. Since some sections of Muslims figured in the earlier reservations for Backward Classes, the overall reservations could be adjusted to 50 percent, he added.
Earlier, a five member bench headed by Chief Justice Bilal Nazki quashed the state government ordinance providing for five per cent reservation to Muslims.
The court disapproved of the reservation policy on the basis of religion.
It also found fault with the procedure adopted by the Backward Classes Commission, whose report formed the basis for the government to decide on five per cent reservation for Muslims keeping in view their social and economic status.
Several BC organisations and students had moved the high court, challenging the reservation policy.
The petitioners had contended that with the Muslim quota, the total reservations in the state had exceeded 50 per cent.
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