Feb. 8: The AP High Court in a majority decision on Monday struck down as unsustainable the legislation providing four per cent reservation in educational institutions and government jobs to backward groups among Muslims.
A seven-member bench headed by Chief Justice Anil R. Dave was divided 5-2 and provided three different decisions while striking down the legislation. Justice Dave while pronouncing the verdict on his behalf and on behalf of Justice A. Gopal Reddy, Justice V. Eswaraiah and Justice G. Raghuram opin-ed that the legislation failed to define the expressions “Muslim” and “other Mus-lim groups.” The Act violated Articles 14, 15(1) and 16 (2) of the Constitution.
The court faulted the surveys relied upon by the BC Commission to enumerate Muslim backwardness. The commission’s own survey was “not sufficient,” it said.
The judges said, “In our opinion, the 2007 Act is religion-specific and potentially encourages religious conversion, and is thus unsustainable.” The court struck down the AP Reservations in Favour of Socially and Education-ally Backward Classes of Muslims Act, 2007 and the Government Orders Ms 23 and 231 to provide reservation for Muslim.
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If I can ask the Honourable CJ of AP HC, I'll ask a question on his comment ((“In our opinion, the 2007 Act is religion-specific and potentially encourages religious conversion, and is thus unsustainable.”)) The groups who already have reservations and follow a religion, does it encouraged other communities to convert to that religion? if yes, how many people in last 60 year have converted to the religion of those who have reservations?
The people who oppose reservation for Muslims want Muslims to become terrorists and beggars.
I think we are heading down a highly viscious, dangerous and self-destructive path where in no time we can witness a 20% quota in IITs, 25% in ISROs and other similar areas for Muslims. Why is religion a target here? By doing so we are narrowing the horizons ourselves by not targeting the actual reason and root cause for the backwardness that is in fact the issue here. It's high time we start thinking mature and try to address the issues from root level by giving a common man the best of education and medical services and other basic facilities and not list of quotas - which is a process of replacing a worthy and a deserving candidate with Muslim candidate. India needs people who can sustain its glory irrespective of their religion, caste and creed. India was always divided into many endogamous groups, or castes and religions, as a result of centuries of practicing various forms of social hierarchy. It's time we stop this politically encouraged quota system and start working for the real upliftment of the backward. Highly appreciate the judgment by the HC by not diving INDIA in the name of religion.
As the Honorable cout has pointed out the muslim reservation is religion-specific,(The judges said, “In our opinion, the 2007 Act is religion-specific), Then I stronly belive the other reservations are also religion specific, as the other community people too belong to some religion, If they belive, they are on community basis, then in muslims too, thier are communities, for instence shaiks etc. In this connection I request the government to make neccesary correction by replacing the word Muslim with shaik, sunni etc.
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