Muslim Quota: SC asks Centre to justify decision
11.6.2012 (UNI) The Supreme Court today directed the Centre to produce the data and details on the basis of which the decision was taken to provide 4.5 per cent reservation to Muslims within 27.5 per cent quota meant for OBCs in admission to the Centrally-run educational institutions and government jobs.
A vacation bench comprising Justices K S Radhakrishnan and J S Khehar granted the Government time till June 13 when the matter shall be taken up for further hearing.
The apex court, however, refused to grant an interim stay against the operation of Andhra Pradesh High Court judgement quashing the Government notification providing 4.5 per cent sub-quota to Muslims within the OBC quota.
Attorney General of India G E Vahanvati, appearing for the Government, contended that the sub-quota has been provided on the basis of the Mandal Commission report.
He also asserted that the High Court has failed to appreciate that the Article 16(4) of the Constitution of India clearly says that reservation can be provided to the economically, socially and educationally backward sections of society which are entitled to the benefits of the reservation policies irrespective of their religion.
The High Court while quashing the Government notification as unconstitutional had ruled the reservation in the name of religion is not permissible under the Constitution and the Government has failed to provide reliable data regarding the total percentage of the OBCs in the total population of the country. The Mandal Commission report is based on the 1935 Census which is over 75-years-old. UNI