New Delhi, May 29: The Centre will challenge in the Supreme Court the order of the Andhra Pradesh High Court striking down its 4.5 per cent sub-quota to minorities within OBC reservation in central educational institutions and jobs saying that the decision was based on religious grounds.
“We will go to the Supreme Court by way of a Special Leave Petition (SLP) against the Andhra Pradesh High Court order,” Union Minister for Law and Minority Affairs Salman Khurshid told reporters here.
He said that the government would like to address the matter with a “sense of urgency”.
“The Attorney General will come only next week and then we can take a call on how to go on it. We want to go as quickly as possible,” Mr. Khurshid said.
The high court had observed on Monday that no evidence was shown to it to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment.
Mr. Khurshid, however, said that while the court has rightly stated that community cannot be given reservation only on the basis of religion, he sought to clarify, “We have made reservation on a share of backward classes.”
“Yes in the Constitution you cannot make religion the only criteria for giving reservation to a community. Minority is not just a religion. It is also linguistic. The expression of the word minority is both religious and linguistic,” he argued.
The minister said the government did not include any new caste from the minorities in the OBC list but did it entirely on the basis of the Mandal Commission, which had suggested 27 per cent reservation for OBCs.
“Backward minorities have not got more than they are already allowed to get as per their population. 4.5 per cent of reservation is only among those castes included in the OBC list from the minorities. It is only their share in the 27 per cent reservation,” Mr. Khurshid said.
Mr. Khurshid also rejected contentions that the high court order was a setback to the government.
“No setback at all”, he said, adding that the process of reservation was part of affirmative action.
The minister was hopeful that this matter would be referred to a Constitution Bench of the Supreme Court like the previous decision of the Andhra Pradesh High Court on the issue of minority reservation in the state.
Mr. Khurshid also downplayed contentions that the high court order annulling the government's decision of 4.5 per cent reservation for minorities has cast shadow on the faith of large number of students seeking admissions in IITs, who benefitted from it.
“I have spoken to the HRD Minister (Kapil Sibal). He says that the selection to IITs is not completed. But if anybody has secured admission in IIT, he can go to the Supreme Court.
Anybody can go to the Supreme Court,” he said, adding the government will itself like to take up the matter “as quickly as possible“.
The minister also referred to an earlier intervention by the Supreme Court in which the court had ensured that those who have already secured admissions would not be affected by an earlier high court order on the reservation issue.
Regarding the court's criticism that the government handled the issue in a “casual” manner, Mr. Khurshid said it was not clear whether the court was referring to policy aspect of the issue or the advocacy aspect.
He said it was not the first time the Andhra Pradesh High Court has struck down such an order. On earlier occasions also, the AP high court had struck down the state government's order to provide quota.
