The Supreme Court will start hearings on the Muslim Reservation Case for clubbing reservations of 4% and 5% accorded to backward Muslim communities in AP.
The Supreme Court will start hearings on the Muslim Reservation Case for clubbing reservations of 4% and 5% accorded to backward Muslim communities in the state from November 9.
The Jamiat-e-Ulama-I-Hind, Andhra Pradesh, is an appellant along with the government of Andhra Pradesh. Hafiz Peer Khaliq Ahmed Sabir, the general secretary of the state organisation, will leave for New Delhi on Tuesday to pursue the case and coordinate with lawyers.
The president of the state unit of Jamiat-e-Ulama-I-Hind Hafiz Peer Shabbir Ahmed on Saturday stated that his organization has been fighting the legal battle right from 2004 when the 5% reservation was challenged in court of law.
Shabbir Ahmed revealed that on the advice of the Supreme Court, the state government, led by former CM the late YSR, had revised the policy and issued a GO in 2006 for providing 4% reservations, which was again challenged in the court of law.
The Jamiat-e-Ulama-I-Hind engaged senior lawyers to fight the case on its behalf.
The state government had simultaneously initiated steps for fighting the case in the Supreme Court.
Thanks to these reservations, over 20,000 Muslim students got admissions into various professional courses, including medicine, pharmacy, engineering and agricultural sciences.
The Supreme Court referred this case to the High Court, where a 5-member bench started hearing the case.
The bench dismissed this case by stating that the Survey Report of the government and its department has not fully covered the communities and the areas. The Jamiat-e-Ulama-I-Hind, Andhra Pradesh, has also conducted a survey in the state, which will be produced in the Supreme Court as evidence in favour of the reservations.
Earlier this year, the 7-member bench of the AP High Court dismissed the case on the basis that the survey report was conducted by the government.
The Jamiat-e-Ulama-I-Hind, AP, and the government of Andhra Pradesh filed an appeal against the verdict in the Supreme Court, which stayed the orders of the High Court, as a result of which Muslim Students got admission into various courses this year as well.
The state government has included certain Muslim communities in the list of the BC (E) category in the list of Backward Classes, in addition to the existing A, B, C and D Categories vide [GO Ms No. 23, Backward Classes Welfare(C2), 7th July, 2007].
The existing list of socially and educationally backward classes and various concessions, in regard to reservations in services and educational institutions, was set out in GO Ms No. 1793, Education Department, dated September 23, 1970, based on the report of the Andhra Pradesh Commission for Backward Classes.
The Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance 2007 was promulgated to provide 4% reservation to identified Socially and Educationally Backward Classes of Muslims for admissions in seats in educational institutions and for appointments or posts in the public services under the state, excluding the creamy layer amongst them.
Orders were issued in GO Ms No. 3, Backward Classes Welfare Department, dated April 4, 2006, to adopt all the criteria to determine the creamy layer among Backward Classes, as fixed by the government of India, except the annual income limit which is fixed at Rs. 4.00 lakh per annum in the state.
The BC - E category includes 1) Achchukattalavandlu, Singali, Singamvallu, 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 Budbudki, Darvesh, Fakeer 5) Garadi Muslim, Garadi Saibulu, Pamulavallu, Kani-kattuvallu, Garadollu, Garadiga 6) Gosangi Muslim, Phakeer Sayebulu 7) Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu 8) Hajam, Nai, Nai Muslim, Navid 9) Labbi, Labbai, Labbon, Labba 10) Pakeerla, Borewale, Deera Phakirlu, Bonthala 11) Qureshi, Kureshi / Khureshi, Khasab, Marati Khasab, Muslim Katika, Khatik Muslim 12) Shaik / Sheikh 13 ) Siddi, Yaba, Habshi, Jasi 14) Turaka Kasha, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla, Rollaku Kakku Kottevaru, Pattar Phodulu, Chakketakare and Thuraka Kasha.
Groups like the Syed, Saiyed, Sayyad, Mushaik; Mughal, Moghal; Pathans; Irani; Arab; Bohara, Bohra; Shia Imami Ismaili, Khoja; Cutchi-Memon; Jamayat; Navayat, and all the synonyms and sub-groups of are excluded from the reservation categories, except those who have been already included in the State List of Backward Classes.
Courtesy: INN