THE ANDHRA PRADESH RESERVATION IN FAVOUR OF SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES OF MUSLIMS ACT, 2007
An Act to Provide Reservation to Socially and Educationally Backward Classes of Muslims in Educational Institutions and Public Employment for Their Upliftment and for Matters Connected Therewith or Incidental Thereto
Whereas, the Andhra Pradesh Commissioner for Backward Classes found that the entire Muslim community is socially, educationally, and economically backward, and therefore, recommended that provision be made for providing 5% reservation to the Muslim community in all educational institutions and public services in the state, excluding the creamy layer among them;
And whereas, based on the recommendations of the Commission, the Andhra Pradesh Reservation of Seats in the Educational Institutions and of Appointments or Posts in the Public Services under the State to Muslim Community Act, 2005, was enacted, providing for 5% reservation of seats in educational institutions and appointments in public services to the Muslim community, excluding the creamy layer among them;
And whereas, the Larger Bench of the Andhra Pradesh High Court, in W.P. Nos. 13832/05 and batch dated 7-11-2005, held, inter alia, that the Backward Classes Commission had not identified the social backwardness of Muslims to declare them as backward, and accordingly, declared the above Act as unconstitutional and violative of Articles 15(4) and 16(4) of the Constitution of India;
And whereas, the State Government filed a Special Leave Petition (SLP) in Civil Appeal No. 7513/2005 in the Supreme Court against the above judgment, and it is still pending;