Andhra HC sets aside sub-quota for minorities

HYDERABAD:  In a setback the Centre on the minority sub-quota issue, a division bench of the AP High Court on Monday set aside the Centre’s decision to carve out a 4.5 per cent sub-quota for backward classes belonging to notified minorities from the 27 per cent OBC reservation, saying there was no rational behind creating a religion-based quota.Hearing a writ petition challenging the Centre’s decision, a High Court bench comprising Chief Justice Madan B Lokur and Justice P V Sanjay Kumar, in its judgement, said that the Office Memorandum released by the Centre in December 2011, was nothing more than an executive instruction and thus can’t be a substitute for the “law”. “There is no law to create a sub-quota of 4.5 percent out of the 27 percent reservation for the OBCs. The Centre had failed to apply its mind to the Constitutional requirements. It seems that the sub-quota has been created only on the grounds of religion, nothing else,” the bench remarked in its 24-page judgement.The Centre, through its first Office Memorandum, had decided to carve out 4.5 percent sub-quota for socially and educationally backward classes belonging to notified minorities - Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) - for admission into central educational institutions within the 27 per cent OBC slot with effect from Jan 1, 2012. In a second memorandum, it also carved out 4.5 per cent minority sub-quota in government appointments and posts. Petitioners  BC leader R Krishnaiah and others  had contended that the sub-quota was religion-based and in violation of Article 15(1) and 16(2) of the Constitution which declares that no citizen shall be discriminated on basis of religion. “In the absence of any empirical evidence, it is not possible to accept the view that some minority communities are inadequately represented in appointments and posts under central government”, the bench remarked. The verdict may affect admissions already made in central educational institutions such as IITs. Meanwhile, shortly after the verdict, the Congress, treading cautiously, said the judgment has to be read and understood.  “You cannot react to court judgments until you have perused, read, understood and appreciated..(We can comment)....after we receive copy of the judgment”, party spokesman Manish Tewari said.