|
SGPC in blissfull ignorance as
A.P. High Court strikes down religion quota
WSN Network
 HYDERABAD: This
is one judgement that the Sikhs, particularly the SGPC, should take
a strong note of, though going by the reactions in
India,
the SGPC seems not even aware about it.
The Andhra
Pradesh High Court on Monday struck down the four per cent
reservation provided by the state government to selected sections of
Muslims in education and public employment saying the reservation
was "religion-specific and potentially encourages religious
conversions".
Going by such
logic, the SGPC immediately comes under a cloud and the reservation
for Sikh students to the extent of 50 per cent in educational and
professional institutions run by it can be questioned now.
In case of
Andhra Pradesh, the selected Muslim sections were categorised as
additional “E” group and included among the existing Backward
Classes enjoying reservation, first through an ordinance and then
legislation. Five judges on the Bench allowed the writ petitions
challenging this Act 26 of 2007, while two differed with this view.
The report of the A.P. Commission for Backward Classes, which was
relied upon by the government for extending the reservation, came in
for severe criticism by the judges.
 Declaring the
A.P. Reservation in favour of Socially Educationally Backward
Classes of Muslims Act, 2007 “unsustainable,” the five judges said
the Act “is religion-specific and potentially encourages religious
conversions.” The majority judgment pronounced by Chief Justice A.R.
Dave said the government’s action was based solely upon the findings
and recommendations of the report of the Commission, and the
procedural error committed by the Commission was fatal to its report
and consequent recommendations.
Chief Minister
K. Rosaiah directed Advocate-General D.V. Seetharama Murthy to
immediately take action for filing a Special Leave Petition in the
Supreme Court. He reiterated the government’s commitment to provide
4 per cent reservation to Backward Class Muslims. Barring the BJP,
all political parties expressed concern at the judgment and wanted
the government to take steps to restore the quota.
This is the
third time the government is facing an embarrassment over a quota
for Muslims. To keep its election promise, the government issued an
administrative order in 2004 providing 5 per cent reservation for
all Muslims, relying on a report by the A.P. Minorities Finance
Corporation. This was struck down by the High Court. The government
then constituted a BC commission and, based on its report, brought
about the enactment in 2005, which was again rejected by the court.
| |
Bengal ready
with Muslim job quota
Kolkata: Even as
the Andhra Pradesh High Court gave its judgement chucking out the
quota for poor, West Bengal on the same day decided to implement 10
per cent reservation in all government jobs for OBCs among Muslims.
Chief Minister Buddhadeb Bhattacharjee made the announcement saying
that the aim was to give a boost to the Muslims in the state who
were socially, economically and educationally backward. At present,
the reservation is only for jobs and not in educational
institutions.
It will not be
done on the basis of religion as that would necessitate an amendment
to the Constitution but will be done by including more communities
from Muslims in the OBC category, a process followed in Left-ruled
Kerala where almost 97 per cent of Muslim population has been
included in the OBC category.
In West Bengal,
7 per cent of government jobs are already reserved for OBCs who
include both Hindus and Muslims. Now 10 per cent of all jobs will be
reserved for Muslim OBCs only. So far 12 Muslim communities,
numbering about 16.83 lakh, in the state have been included in the
OBC category. Three more Muslim communities are going to be included
in the category.
“We have
discussed the matter in the Left Front and have decided that we will
implement the Ranganath Misra Commission report for Muslims who are
socially, economically and educationally backward. Of course, we
will exclude the creamy layer — those who are earning Rs 4.5 lakh a
year — from this category,” Bhattacharjee said.
He also said
that a committee comprising representatives of the Minorities
department, the Backward Class Welfare department, the Minorities
Commission and the Backwards Commission would be set up to oversee
the implementation.
|
|
10
February 2010
|
Read Also