Monday, November 7 2005 16:07 Hrs (IST) - World Time -

Hyderabad: The Congress Government in Andhra Pradesh today (Nov 7, 2005) received a setback with High Court quashing an ordinance providing for five per cent reservations for Muslims in jobs and educational institutions.

Disapproving of the religion-based reservations, a five-member bench, headed by acting Chief Justice Bilal Nazki, found fault with the procedure adopted by the state Backward Classes Commission whose report had formed the basis for the quota order.

"The entire process is vitiated by arbitrariness and failure to adopt reasonable criteria. Thus the reservation act is ultra vires of the constitution," Justice Nazki said speaking for the bench.

In its 93 page verdict, based on a batch of writ petitions by some BC organisations and students, the bench unanimously felt that the BC Commission did not do its job properly and failed to evolve any reasonable criteria for categorising Muslims as Backward Classes.

The judgment came as a shock to the Government, which had, in May this year, approved a report of the Backward Classes Commission recommending inclusion of Muslims in the list of Backward Classes by creating a separate category.

The quota ordinance was issued in June categorizing Muslims, who constitute 9.2 per cent of the state's total population of 7.5 crore, as BC 'E' group for the purpose of reservations.

The creamy layer among Muslims, with an annual income above 2.5 lakh, were excluded from the purview of reservations. The Reservation Bill was adopted by the State Assembly on October 5 during the monsoon session.