The Chronology of Muslim Reservation In Andhra Pradesh (& Telangana)

  • 25-08-1994: The Sri. K. Vijaya Bhaskar Reddy Government of Congress issued orders vide G.O. Ms. No: 30 (Backward Classes Welfare (P2) Department, dated: 25-08-1994) giving reservation to Muslims along with 14 other backward classes.

  • Puttuswamy Commission was constituted to implement the reservation.

  • The TDP Government kept on extending the term of Puttuswamy Commission and did not get any report.

  • May 2004: Congress returns to power in Andhra Pradesh.

  • 07.04: G.O.Ms.No.33 was issued giving 5% reservation to Muslims in government jobs and educational institutions.

  • 09.04: A 5-Judge Bench of High Court struck down the GO Ms No 33 on the grounds that reservation was given on the basis of a report of AP Minority Commission and not the Backward Classes Commission.

  • 06.05: Govt of A.P issued an Ordinance No.13/2005 after consulting with the Backward Class Commission, subsequently replaced by the Act.21/2005 declaring the entire Muslim community in the State of A.P Backward class and providing 5% reservation in their favor in Educational Institutions and Employment.

  • 11.05: A 5-Judges Bench of the High court in W.P.No.13832 of 2005 filed by B.Archana Reddy held that the said Legislative measure to be bad in law, the court also found that by giving 5% reservation in addition to the existing reservation, 50% rule was also breached.

  • 01.06: In Civil Appeal No.7513/2006 in regard to grant of stay of the Judgement dt:07.11.05, the court declined to stay its operation and viewed that the Status quo should continue regarding admissions granted to the persons in the Educational Institutions and would continue their courses and would not be disturbed.

  • 07.07: Government requested A.P.Conunission for Backward Classes (APCBC) set up under the A.P.Commission for Backward Classes Act, 1993, to identify the Socially & Educationally Backward Classes of Muslims in A.P. A study was also entrusted to Sri.P.S.Krishnan, IAS (Rtd) in this regard and the report of the said study was forwarded to the APCBC for its consideration.

  • Based on APCBC independent survey, study made by Sri.P.S.Krishnan and also Anthropological survey of India 14 Social groups in the Muslim community were identified as Socially and Educationally Backward Classes and were recommended for categorizing them as Group E and for providing reservation to an extent of 4% in their favor.

  • Government accepted the recommendation and issued “A.P.Reservation in favor of Socially and Educationally Backward Classes of Muslims Ordinance, 2007 (Ordinance No.5 of 2007)”.

  • 07.07: G.O.Ms.No.23 was issued giving effect to the Ordinance No.5 of 2007 and providing for reservations in Educational Institutions as therein.

  • 07.07: Hon’ble High court held on the W.P.No.15267 of 2007, filed challenging the G.0 mentioned supra that “the admissions made herein after by implementing the provisions of the Ordinance impugned in this petition shall remain subject to the final adjudication and this fact to be incorporated in the letters of admission”.

  • 08.07: The A.P.Ordinance No.5, 2007 was replaced by Act No.26 of 2007.

  • 08.07: The above W.P’s were taken up for hearing, the Hon’ble High court issued interim order, keeping in view the Constitutional Propriety, Adjudication of these petitions is deferred till the reference pending before the Constitution Bench of Supreme Court is finally decided and the interim order dt: 24.07.07 shall remain operative.

  • 10.07: On special leave petitions filed by the writ petitioners in the Hon’ble High court on the interim orders dt:24.07.07 and 29.08.07, the Hon’ble High court held that the interim order granted by this court will continue.

  • 01.08: W.P’s were heard from November, 2007 to January, 2008, the 5-Judges Bench of the High court held that the matters are required to be heard and the reconsidered by a 7-Judge Bench.

  • 08.08: The 7-Judge Bench of the High court passed Interim orders on W.P.No.1520 of 2008 dt:04.04.08 and SLP No.19819 -27 of 2008 dt: 05.05.08 with the directions to continue the interim order 29.08.07 and admissions to the various colleges as per Act No.26 of 2007.

  • 02.10: Judgement was delivered by the 7-Judges Bench, the W.P’s were allowed and Act.26 of 2007 was stuck down on the ground that; a) The method adopted by the BC Commission is not correct b) The appointment of Sri.P.S.Krishnan IAS (Rtd) is wrong and c) The material placed before the legislators is not sufficient data

  • 02.10: SLP are filed before the Supreme Court of India by the Government as the students admitted in the colleges and other Professional courses in pursuance of the Act are likely to be discontinued and they are not allowed to study further.

  • 03.10: The Apex court held that as several Constitutional issues are involved in these appeals, as an interim measure we direct that for the time being, reservation of 4% be extended first to the 14 categories mentioned in the schedule appended to the Act No.26 excluding creamy layer. This is a temporary measure till the matter is finally decided.

  • 05.10: Notice has been issued by Supreme Court of India in the appeal made by the State to appear before the court if it wished to contest appeals.

  • BC ‘E’ reservations of 4% in admissions to Educational Institutions is continued from the academic year 2007-08 till date following court orders issued on W.Ps and Civil Appeals filed by petitioners challenging the concerned GO’s, Ordinances and Act.