Hyderabad: MIM (Majlis Ittehadul Muslimeen) MP Asaduddin Owaisi today (Jul 26, 2004) filed a writ petition in Andhra Pradesh High Court, challenging constitutional authority of A P Commission of Backward Classes Act, 1993 which was referred to by opponents of a Government order providing five per cent reservation for Muslims in the jobs and education in the State.

In his writ petition, which would come up tomorrow (Jul 27, 2004), Owaisi contended that the Government can make reservations by way of an executive order under article 162 in exercise of powers under articles 15 (4) and 16 (4).

However, exercise of the said power was preceded by some procedure prescribed under a statute called "A P Commission for Backward Classes Act".

Owaisi, who is representing Hyderabad Lok Sabha constituency, said the procedure was 'not mandatory, only directory'.

"If the procedure was termed as mandatory, then it would be declared as unconstitutional which restricts the power of the State under article 15 (4) and 16 (4)," he said.

Earlier, the counsels of petitioners challenging the reservation for muslims, argued before the court on July 22 that the State Government has violated the Act by not consulting the A P Commission for Backward Classes before making announcement on five per cent reservation.

The case of challenging reservation for Muslims would come up tomorrow before a bench of High Court.