Date:23/09/2004 URL: http://www.thehindu.com/2004/09/23/stories/2004092304890600.htm

Andhra Pradesh

Backward Classes Commission to be reconstituted

By Our Special Correspondent

HYDERABAD, SEPT. 22. In tune with the Andhra Pradesh High Court's direction, the State Government will reconstitute the Backward Classes Commission and refer its decision to provide 5 per cent reservations for Muslims in education and employment.

It has ruled out the possibility of filing a special leave petition in the Supreme Court against the High Court's order striking down the reservations for Muslims as unconstitutional.

These decisions mean that Muslim reservations will not come into effect from the current academic year.

At a press conference here today, the Chief Minister, Y. S. Rajasekhara Reddy, said the BC Commission would be constituted very soon.

He said that had the GO been upheld, Muslims would have been entitled to 119 seats in MBBS course, 42 in BDS, 3422 in engineering, 607 in MBA, 679 in MCA, 147 in pharmacy, 438 in law and 1697 in B. Ed. "Unfortunately, this has not happened.

Creamy layer

On the crucial question of keeping out the creamy layer, the Principal Secretary, BC Welfare, S. Chellappa, explained that a group of Ministers had been constituted to identify this section among BCs and asked to submit its report by October 31. At present, there were no criteria for identifying the creamy layer for the State Government though there was an annual income ceiling of Rs. 2.5 lakhs for jobs at the Centre.

Stand vindicated

Nothwithstanding the High Court's adverse judgment, the Chief Minister claimed the court had vindicated his Government's stand on reservations by observing that Muslims as a group were entitled to affirmative action if identified as BCs. It had also said that the 50 per cent ceiling on reservations could be exceeded under extraordinary circumstances.

He held that the court had struck down GOMs 33 mostly on technical grounds.

It had faulted the Government for not making the mandatory reference to the Backward Classes Commission while the Minorities Commission, which recommended the quota, had not fixed proper criteria.

Avoiding delay

Asked whether the Government was unaware of this mandatory provision, the Chief Minister, Dr. Reddy said it had referred the matter to the existing (Minorities) Commission in order to avoid delay involved in constituting a BC Commission.

"We took a risk, but our sincerity in providing reservations to Muslims cannot be questioned,"he said.