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SC to hear Monday government plea on
minorities' sub-quota
Saturday June 09, 2012 10:54:32 PM,
IANS
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New Delhi: The Supreme
Court Monday will hear the central government's petition
challenging the Andhra Pradesh High Court verdict quashing 4.5
percent reservation for the minorities in central educational
institutions and jobs.
The apex court bench of Justice K.S. Radhakrishnan and Justice J.S.
Khehar will take up for hearing the government's petition that
contests the quashing of the reservation by the high court.
The petition contended that 4.5 percent reservation as a sub-quota
within 27 percent quota for Other Backward Classes (OBCs) was not
exclusively for the Muslims but for the minorities as a whole.
The high court May 28 quashed that 4.5 percent sub-quota
reservation created through the issuance of an office memorandum
Dec 22, 2011.
The high court observed that the issuance of the office memorandum
for creating the sub-quota was rooted in religious basis than any
other constitutional consideration.
The high court's Chief Justice Madan B. Lokur (since elevated as a
judge of the apex court) and Justice P.V. Sanjay Kumar, while
quashing the memorandum, held that the sub-quota was created only
on religious grounds and the government did not justify
classification of religious minorities as a homogeneous group or
as more backward classes deserving some special treatment.
Holding that the central government had entirely relied upon the
Sachar Committee report on the socio-economic status of Muslims
while creating the 4.5 percent sub-quota of reservation for the
minorities, the high court said that Muslims, Christians, Sikhs,
Buddhists and Zoroastrians do not form a homogeneous group but a
heterogeneous group.
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