New Delhi, Feb 18: Ahead of general elections, the Centre on Monday moved the Supreme Court requesting lifting of stay on implementation of 4.5% subquota for Muslims, to be carved out from the 27% OBC quota, for admissions to central educational institutions and jobs.
Solicitor general Mohan Parasaran mentioned the application for interim relief, which was refused on June 13, 2012. The Centre has cited the Supreme Court's earlier order of March 25, 2010 permitting Andhra Pradesh government to implement similar reservation for backward Muslims within the state.
Parasaran requested a bench of Chief Justice P Sathasivam and Justices Ranjan Gogoi and RK Agrawal for an urgent hearing on the pending petition to bring parity between the conflicting orders.
Muslim quota has been a wedge issue, with the BJP slamming it as unconstitutional and part of Congress's policy of appeasement, political shorthand for pro-Muslim bias.
Congress's decision to seek operationalization of 'Muslim quota" signifies a determined effort to wean the community away from other its "secular" rivals.
The SC stayed the quota in 2010 in response to an appeal by Congress-ruled Andhra Pradesh against the high court verdict, striking down a legislation that sought to provide 4% reservation to group 'E' of backward classes (among Muslims) in the state.
The SC on March 25, 2010 had ordered, "As several constitutional issues are involved in these appeals, as an interim measure, we direct that for the time being, reservation of 4% be extended first to the 14 categories mentioned in the Schedule appended to the Act (the Andhra Pradesh Reservation in Favour of Socially and Educationally Backward Classes of Muslims Act, 2007), excluding creamy layer."
Buoyed by AP's success, the Union HRD ministry on December 22, 2011 issued an office memorandum providing 4.5% subquota for socially and educationally backward sections in minority communities in central educational institutions and jobs ahead of assembly elections in five states including UP and Punjab.
But the AP High Court again on May 28, 2012 struck down the HRD ministry's decision carving out 4.5% subquota for socially and economically backward section among Muslims from the 27% OBC quota.
The Centre appealed against the HC order. The SC on June 13, 2012 entertained the appeal, but refused to stay the HC order quashing 4.5% subquota for backward Muslims.
The application, drafted by advocate Chidanand, sought an interim order on the lines of the March 25, 2010 verdict to allow extension of similar reservation to backward Muslims in all states.
It pointed out that the March 25, 2010 order was passed by a larger bench and hence it was logical to "extend benefit of the same interim order to the present case (central decision to give quota to backward Muslims)".
"It will be anomalous if one set of matter pending before the Supreme Court is not extended benefit of the interim relief whereas the benefit on the same issue has been extended by the court to similarly situated parties," the Centre said. The application will be mentioned again on Tuesday.
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