The Andhra Pradesh Government then moved the Supreme Court against this judgment vide SLP (Civil) Appeal No.7513 of 2005 and the same is pending adjudication.
However, in view of observations made by the five-member bench, the Andhra Pradesh Government again referred the matter to the BC Commission for identifying socially and educationally backward groups among Muslims.
On 17th April, 2007, the State Government asked the BC Commission to make a survey /study of the Muslim Community in Andhra Pradesh and to identify the classes/communities /groups among the Muslim population in the State that can be classified as socially and educationally Backward Classes of citizens in the light of the High Court judgment so that special measures like reservation could be considered for such classes/ communities/groups in terms of Articles 15(4), 15(5), 16(4) of the Constitution of India.
Through GO Ms.No.21 dated 18th May 2007, Backward Classes (CZ) Department, the task of conducting the survey was assigned to Mr. P.S. Krishnan, the then Advisor to AP Government.
Mr. Krishnan adopted a two-pronged approach to undertake the survey:
(1) The social structure of the Muslim society in Andhra Pradesh.
(2) The guidance provided by the Supreme Court and the Andhra Pradesh High Court, in particular in the Mandal case (Indra Sawhney) judgment of the Supreme Court in 1992 and the Muslim community reservation (Archana Reddy) judgment of the Andhra Pradesh High Court in 2005 regarding the Constitutional provisions, their interpretation and their application.
P.S. Krishnan did an exhaustive study on Muslims covering various subjects like Social Ideology of Islam and Social Stratification in Muslim Societies; Emergence and Growth of Muslim Society in India, South India and Andhra Pradesh; Indian Caste System and Social Stratification in Indian Muslim Society; Social Stratification in South Indian Muslim Society and Social Stratification in Andhra Pradesh Muslim Society. Then he dealt with the complex issues of identification of Socially and Educationally Backward Classes among Muslims based on general principles and judicial decisions. In its 281 page, 81,583 words report, he gave survey findings on Social Backwardness of Muslims and also a detailed analysis of statistics related to status of Muslims in jobs, education and other sectors.
PS Krishnan submitted his report with the following recommendations:
“In the light of my findings in Chapter VII and data, I recommend the inclusion of the following as Socially and Educationally Backward Classes of Muslims in the Andhra Pradesh list of Backward Classes, as a separate Group E.
“E. Socially and Educationally Backward Classes of Muslims
(1) Attar Saibulu, Attarollu
(3) Chakketakare, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Rallaku Kakku Kottevaru, Pattar Phodulu, Ganta Sayebulu, Ralla Sayebulu, Mondivogula
(4) Dhobi Muslim, Muslim Dhobi, Dhobi Musalman, Turka Chakla, Turka Sakala, Turaka Chakali
(5) Faqir, Faqir/Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Fhakir Budbudki, Turaka Budbudki
(6) Garadi Muslim. Garadi Saibulu, Pamulavallu, Kani-kattuvallu. Garadollu
(7) Gosangi Muslim
(8) Guddi Eluguvallu, Elugubantuvallu
(9) Hajjam, Nai Muslim, Navid Muslim
(10) Labbai, Labbi
(11) Quresh (Muslim butchers), Khatik, Khatik Muslim, Kasab, Muslim Katika
(12) Shaik, Sheikh
(14) Other Muslim Groups excluding
- Syed, Saiyad, Sayyad, Mushaik;
- Mughal, Moghal;
- Bohara, Bohra;
- Shia Imami Ismailis, Khoja;
- Jamayat; and
and all the synonyms and sub-groups of the excluded groups; and except those who have been already included in the State List of Backward Classes.
Percentage of Reservation
One of the grounds on which the Andhra Pradesh High Court has struck down the Muslim Community Reservation Act 2005 is that the total percentage of reservation exceeded 50% with addition of 5% for the Muslim community. According to the Constitutional provision as it exists and in the light of judicial directions and observations interpreting it in different cases, particularly Mandal (Indra Sawhney) case of 1992, the limit of 50% stands. In order that this does not continue to remain an impediment, the reservation for the Socially and Educationally Backward Classes of the Muslim community in the new category E may be limited to 4%.
Exclusion of Socially Advanced Persons, Sections (SAP/S) among SEdBC
This is the correct name, used by the Hon’ble Supreme Court in its Mandal (Indra Sawhney) case judgement of 1992, for what is commonly referred to as ‘Creamy Layer’.
The State Government has already issued orders excluding SAP/S of identified castes, communities, groups of Backward Classes (i.e., SEdBC/OBC) from the List and from the benefits of reservation etc. This smoothens the way for implementation of reservation and its commencement in the case of the proposed SEdBCs of the Muslim community.
While doing so I would recommend that the criteria may be kept separately under continuous examination in depth, especially in the matter of education, keeping in view the actual cost of education, especially professional and technical education, and taking into account the quantum of scholarships available for the SEdBC/OBC/BC. The progress and status of availment of reservation in service as well as in education may be carefully monitored regularly with a view to identifying any imbalances and inadequacies in respect of backward classes as a whole, each group of backward classes as a whole, and each caste, community, group, to enable timely corrective measures. This recommendation is relevant not only to the newly proposed Muslim SEdBCs, but also to other classes already in the State List of BCs.
State Data Bank
Another general recommendation which is applicable to the proposed classes as well as the existing classes is building up of a State Data Bank along the lines of the National Data Bank recommended by the Sachar Committee in order to facilitate meaningful continuous monitoring and well-informed and timely decisions as and when necessary to achieve the goals of Social Justice Policy and programmes including Reservation.”
BC Commission Hearings
The `Report on identification of socially and educationally backward classes in the Muslim Community of Andhra Pradesh and recommendations prepared by Sri P.S.Krishnan, IAS (Retd.) Advisor to Government of Andhra Pradesh Backward Classes Welfare, were submitted to the government on 11th June, 2007.
Meanwhile, the BC Commission, on 26th April, 2007, examined the representation of individuals/ associations on the reference of the Government for its advice on the inclusion of various communities/groups amongst Muslims such as Fakeer, Pakeerla, Labbi/Labbai, Qureshi, Muslim Rajakas, Turka Kasha & Achukatlavandlu.
The BC Commission set in motion the process of representations, suggestions, and objection on the inclusion of the above said communities/groups among the Muslims in the list of BCs and also notified the schedule for public hearings commencing from 14th May, 2007.
The first round of public hearings were held at Hyderabad and views /suggestions and objections from various sections of the people were received. Besides Hyderabad, public hearings were also held at Kadapa, Kurnool, Mahaboobnagar, Guntur and Ongole.
The Commission received several representations, and in all surveyed 581 households, interacted with 2745 persons for recommending in all 14 groups/classes which are socially and educationally backward.
Vide its report based on the material available before the Commission including the Anthropological Survey of India’s “People of India Andhra Pradesh” series, the survey conducted by the staff of the Commission, the information collected by the Directorate of Backward Classes Welfare and the information provided in the public hearing conducted by the Commission, and in the representations, and the report of Shri P.S.Krishnan, Advisor to Govt., the Commission after due deliberations unanimously made following recommendations:
- That a Fifth Group titled “Socially and Educationally Backward Classes of Muslims” under the Head of “E” be created in the B.C. List.
- The following specific Classes of Muslims be included under this group “E” of BCs in addition to `A, B,C, & D’ already existing for reservation for admission into education institutions and in appointment to posts and vacancies in the services under the State for the purpose of Articles 15(4) and 16(4) of the Constitution of India.
(1) Achchukattalavandlu, Singali, Singamvalluy, Achchupanivallu, Achchukattuvaru, Achukatlavandlu
(2) Attar Saibulu, Attarollu
(3) Dhobi Muslim/Muslim Dhobi/ Dhobi Musalman, Turka Chakla or Turka Sakala, Turaka Chakali, Tulukka Vannan, Tsakalas, Sakalas or Chakalas, Muslim Rajakas.
(4) Faqir, Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Turaka Budbudiki, Darvesh, Fakeer.
(5). Garadi Muslim, Garadi Muslim, Garadi Saibuluy, Pamulavallyu, Kani-Kattuvallu, Garadolluy, Garadiga.
(6) Gosangi Muslim, Phakeer Sayebulu Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu
(8) Hajam, Nai, Nai Muslim, Navid.
(9). Labbi, Labbai, Laboon, Labba
(10). Pareerla Borewale, Deera Phakirlu, Bonthala
(11). Qureshi, Kureshi/Khureshi, Khasab, Karati Khasab, Muslim Katika, Khatik Muslim
(13). Siddi, Yaba, Habshi, Jasi
(14). Turka Kasha Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Pollaku Kakku, Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasha
(15) Others Muslim groups excluding Syed, Saiyed, Sayyad, Mushaik; Mughal, Moghal; Pathans; Irani; Arab; Bhora, Bohra; Shia IOami Ismaili, Khoja; Cutchi-Memon; Jamayat; Navayat, And all the synonyms and sub-groups of the excluded groups;
And except those who have been already included in the State list of Backward Classes.
- That 4% reservation be provided in education and public employment to the classes of Muslims identified in item 2 above.
4. The principle of exclusion of socially advanced persons/sections (creamy layer) already laid down by the State Government will automatically and naturally apply to the classes now recommended for inclusion.