Centre Over the 4.5% Sub-quota Issue, the Andhra Pradesh Court

In A Setback To The Centre Over The Sub-quota Issue, The Andhra Pradesh Court Has Said That The Office Memorandum(OM) Creating The Sub-quota Was Based On Religious Grounds And Not On Any Other Consideration. The December 22, 2011 OM For A Sub Quota Of 4.5 Per Cent For Socially And Educationally Backward Classes Of Citizens Belonging To Minority Communities Out Of The 27 Per Cent Reservation For OBCs In Central Educational Institutions And Jobs Was Announced By The Centre Ahead Of The Assembly Elections In Five States Including Uttar Pradesh And Punjab. The Very Use Of The Words "belonging To Minorities" Or "for Minorities" Indicates That The Sub-quota Has Been Carved Out Only On Religious Lines And Not On Any Other Intelligible Basis, The Bench Observed While Setting Aside The Sub-quota. Union Minister For Minority Affairs Salman Khurshid Today Defended The Government's Stand And Said They Will Appeal To The Supreme Court Against The Judgement . Here Are The Highlights Of What The Minister Said At A Press Conference In New Delhi Today:
  •     I Know That The Judgement Has Raised A Very Interesting And Important Point.
  •     Keep In Mind The The Andhra Pradesh Government Tried To Provide Sub-quotas - On Three Occasions  The Andhra High Court Struck Down... The Last Instance Was Struck Down By A Bench Of 5 Judges -that Matter Is Now Pending Before The Supreme Court.
  •     That Was Struck Down On The Grounds That You Have Included Communities / Castes Without Doing Enough Homework.
  •     The Assumption Is The List Of Backwards On The Basis Of Backward Castes Commission. Our Stand Is That Their Mandate Is Not To Give Recommendations On What Percentage Of Reservation To Be Given.
  •     The 4.5% Is Commensurate With The Population Of Backward Minorities - We Have Don E This Entirely On The Basis Of Mandal Commission And The Indira Sahni Case. The Matter Now Stands Before A Constitutional Bench Of The Supreme Court.
  •     We Will Go To The Supreme Court By Way Of An Special Leave Petition And Appeal.
  •     Minorities Are Not Just Religious, They Are Also Linguistic. You Cannot Make Reservation Only On The  Basis Of Religion
 
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