Andhra High Court quashes Centre's 4.5% quota for minorities

Discussion in 'Politics & Society' started by iNDiAN.96, May 28, 2012.

  1. iNDiAN.96

    iNDiAN.96 Nationalist Senior Member

    Joined:
    Oct 26, 2010
    Messages:
    1,331
    Likes Received:
    1,470
    Location:
    -
    Holding that the Centre acted in a "casual manner", the Andhra Pradesh High Court today quashed the 4.5% sub-quota to minorities carved out of 27% OBC reservation--a verdict that may affect admissions already made in central educational institutions such as IITs.

    In a setback to the Centre over the sub-quota issue, the Court said the Office Memorandum(OM) creating the sub-quota was based on religious grounds and not on any other consideration.


    The December 22, 2011 OM for a subquota of 4.5% for socially and educationally backward classes of citizens belonging to minority communities out of the 27% reservation for OBCs in central educational institutions and jobs was announced by the Centre ahead of the Assembly elections in five states including Uttar Pradesh and Punjab.


    The very use of the words "belonging to minorities" or "for minorities" indicates that the sub-quota has been carved out only on religious lines and not on any other intelligible basis, the bench observed while setting aside the sub-quota.

    Shortly after the verdict was pronounced, the Congress treaded cautiously, saying the court judgement 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 told reporters in Delhi.

    Setting aside the OM, a division bench consisting Chief Justice Madan B Lokur and Justice Sanjay Kumar said, "In fact, we must express our anguish at the rather casual manner in which the entire issue has been taken up by the central government."

    "No evidence has been shown to us by the learned Assistant Solicitor General to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment.

    "We must, therefore, hold that Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) do not form a homogeneous group but a heterogeneous group," it observed.

    According to K Ramakrishna Reddy, senior counsel who argued for the petitioner R Krishnaiah-- a backward caste leader from Andhra Pradesh, the judgement may affect the admissions that have already been made in central educational institutions such as IITs.

    Source
     
  2.  
  3. sob

    sob Moderator Moderator

    Joined:
    May 4, 2009
    Messages:
    6,359
    Likes Received:
    3,661
    Location:
    New Delhi
    A very welcome step by the HC. No party can subvert the constitution for electoral considerations. People know that the reason for this reservation was only to get the votes and not for the benefit of the minority community.
     
    panduranghari likes this.
  4. Oracle

    Oracle New Member

    Joined:
    Mar 31, 2010
    Messages:
    8,120
    Likes Received:
    1,541
    Location:
    Bangalore, India
    Good step. Now please squash reservations for SC,ST,OBC and whatever and wherever reservations exist. Let every Indian compete on an equal footing.
     
    Last edited: May 28, 2012
  5. nrj

    nrj Stars and Ambassadors Stars and Ambassadors

    Joined:
    Nov 16, 2009
    Messages:
    9,252
    Likes Received:
    3,347
    Location:
    Brussels
    +1 ...........................
     
  6. Oracle

    Oracle New Member

    Joined:
    Mar 31, 2010
    Messages:
    8,120
    Likes Received:
    1,541
    Location:
    Bangalore, India
    Quoted for my awesomeness. I'm also expecting idiots who have gained everything thro caste certificates coming here and using 1000s of years old lethargic examples.

    Have confidence in yourself and work hard idiots. Luck is what we make it by sweating till we reach our goal.
     
    parijataka and trackwhack like this.
  7. KS

    KS Bye bye DFI Veteran Member

    Joined:
    Aug 3, 2010
    Messages:
    8,008
    Likes Received:
    5,718
    Location:
    irrelevant
    Good move.

    Reservation based on religion is unconstitutional.

    BTW what happens to those who are already in the process of getting an admission through this move ?
     
  8. anoop_mig25

    anoop_mig25 Senior Member Senior Member

    Joined:
    Aug 17, 2009
    Messages:
    5,195
    Likes Received:
    2,223
    lets wait for supreme court of india has to tell says because i am sure this decision would be challenge
     
  9. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    Class 12 topper an ‘EWS’ from Manipur village

    Mohammad Ismat, son of a school teacher in Manipur, has topped the CBSE Class 12 exam in the country. Congrats to the brainy youngster. [PS if anyone has 7 children he/she will be naturally `EWS` i.e. belong to economically backward section].

     
  10. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    Govt will be contesting that.
     
  11. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    Bane of Indian society wherever there is backwardness.
     
  12. sob

    sob Moderator Moderator

    Joined:
    May 4, 2009
    Messages:
    6,359
    Likes Received:
    3,661
    Location:
    New Delhi
    The central Govt. has no other recourse than to challenge the decision in the SC. Even if they loose there, they will anyway go back to the people and say that we tried but the SC does not want you to get the benefits. The buck will be passed on to the higher judiciary.
     
  13. drkrn

    drkrn Senior Member Senior Member

    Joined:
    Apr 15, 2010
    Messages:
    2,455
    Likes Received:
    898
    Location:
    visakhapatnam
    reservations barely helped the so called backward communities in "broad" perspective

    it only successfully helped politicians to secure their positions.starting from indira gandhi almost all parties are following this path.why cant the people understand it wont help them at all..


    unfortunately India is the only country where people claim them backward:frusty:
     
  14. lcatejas

    lcatejas Regular Member

    Joined:
    Nov 19, 2010
    Messages:
    710
    Likes Received:
    255
    Location:
    Bharat
    These black angrez are doing the same divide and rule.. Bas@$$:frusty:
     
  15. SHURIDH

    SHURIDH Senior Member Senior Member

    Joined:
    Dec 14, 2011
    Messages:
    1,484
    Likes Received:
    293
    Location:
    Murshidabad,Paschim banga,India.
    they will get admission as the inistitution will only change decision when human devolopment ministrey will say.if govt. apple than this quota will continue till sc verdict.like andhra hc disapprove quota for minorities by state government.state government apple against it and now it gets sc permission to carry quota system till verdict.i think same thing will be happen here.
    but over all a good verdict from andhra hc.
     
    parijataka and KS like this.
  16. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    Already in OBC quota different Muslim communities are there in UP, Bihar, WB, Andhra, etc. The additional proposed minorities 4.5% quota as per UPA govt is not solely for Muslims but for all minorities i.e. Muslims, Sikhs, Christians, Buddhists, etc. AP HC has said a) decision was taken not on proven data but on ad hoc basis (just before UP elections in this case) , b) minorities are not one homogenous group and c) reservation on basis of religion is unconstitutional (on basis of backwardness social or educational is fine as it is already done for Muslims under OBC and MBC quota).
     

Share This Page