Hyderabad: Strongly defending its policy of providing five per cent reservation to Muslims, Andhra Pradesh Government today (August 4, 2004) contended that its decision was within the orbit of legal provisions.

"The total percentage of reservations after providing five per cent to Muslims has gone upto only 51 per cent and not to 57 per cent as submitted by the plaintiffs," Advocate General D Sudarshan Reddy appearing on behalf of the State Government, told High Court which was hearing on a batch of writ petitions filed on reservations in Hyderabad today.

The total percentage of reservations existing in the State prior to the Government Order (GO) providing five per cent reservation to Muslims was only 46 per cent and not 52 per cent as being claimed by the plaintiffs, Reddy told a full bench headed by Justice B Sudarshan Reddy.

He argued that reservation for BCs (25 per cent), SCs (15 per cent) and STs (6 per cent) were vertical in nature aggregating to 46 per cent.

The reservations for physically handicapped (3 per cent) ex-servicemen (2 per cent) and sports person (1 per cent) were horizontal in nature as they are reservations within reservations, he contended and affirmed that the existing reservations in the State are 46 per cent only and five per cent quota to Muslims takes the total to 51 per cent.

Taking refuge in the clause of the apex court ruling that reservations cannot exceed 50 per cent barring in some extra-ordinary circumstances, Reddy said, "We have exceeded by just one per cent and under special circumstances."