HC strikes down 4.5% sub-quota for minorities

‘Religion No Ground For Reservation’

TIMES NEWS NETWORK 

Hyderabad: The Andhra Pradesh high court on Monday set aside the Centre’s controversial order to create a sub-quota for minorities, saying there was no rationale in creating religion-based quota. 

    The Centre had moved to provide 4.5% sub-quota to OBC minorities within the 27% limit in educational institutions and public sector units. The court said the policy was based on religious grounds and not on backwardness of the proposed beneficiaries. 

    On December 22, 2011, the Centre issued two memos granting 4.5% subquota to OBC minorities. The move triggered protests from OBCs, who feared this would eat into their quota share. An OBC leader R Krishaniah moved the Andhra Pradesh high court on January 2, pleading the move was discriminatory on religious grounds and violates the Constitution. 

    Disposing of the petition on Monday, the special bench comprising Chief Justice Madan B Lokur and Justice Sanjay Kumar, said the government order violates Articles 15 (1) and 16(2) of the Constitution. 

Centre to move SC 

    There are observations in the order we don’t agree with. We will go to the Supreme Court. The OBC list worked as a filter to weed out the “forwards” belonging to any religion. The court objected to the government giving special treatment to a religious community but the fact is that quota was given to “minorities”, which are five different religious groups 

— Salman Khurshid | Law minister Quotas only for backward class: HC 

    While Article 15(1) prevents discrimination based on religion, race, caste, sex or residence, Article 16(2) states no discrimination on these grounds can be shown by the state in recruitment to government posts. The court agreed with the petitioner that Articles 15(5) and 16(4) do not support the government’s quota order. 

    Maintaining that quotas are meant for welfare of backward classes, the court noted the Centre had failed to satisfactorily show that intended beneficiaries were more backward than the rest of OBCs to warrant preferential treatment. 

    “The very use of words ‘belonging to minorities’ or ‘for minorities’ indicates the sub-quota has been carved out only on religious lines,” the bench said.


Source:: The Times of India, 29-05-2012, p.01. http://epaper.timesofindia.com/Default/Client.asp?Daily=TOIM&showST=true&login=default&pub=TOI&Enter=true&Skin=TOINEW&AW=1338281490003