Former Minister Mohammed Ali Shabbir said that there was a threat to continuance of 4% Muslim quota in jobs and education in Telangana and Andhra Pradesh and the State Governments must take immediate legal measures to protect the same.
Addressing a press conference through social media platform Facebook on Friday, Shabbir Ali said that the recent judgment of Supreme Court scrapping Maratha reservation came as a big shock for many as the Supreme Court had made two major observations which could have a long lasting impact on reservations in the entire country. He said that a bench of the Supreme Court had earlier indicated that 50% ceiling on reservation must be reviewed and it could even be removed. However, in the Maratha reservation case, the five-bench Supreme Court strongly objected to violation of 50% cap set by the SC in the 1992 Indra Sawhney case.
Shabbir Ali said that the SC Bench agreed with the findings of the Indra Sawhney judgment that reservation should not exceed 50 per cent unless “extra-ordinary circumstances…for which extreme caution is to be exercised”. It rejected demands to revisit the verdict, or to refer it to a larger Bench for reconsideration.
“This judgment clearly means that Telangana could not enhance the quota of Muslims and STs to 12% as it violates the 50% ceiling. Therefore, Chief Minister K. Chandrashekhar Rao must stop fooling the Muslims and STs on the promise of 12% quota as it is practically and legally impossible,” he said.
Shabbir Ali pointed out that the previous Congress Government had first implemented 5% Muslim reservation in Andhra Pradesh, as it was promised in 2004 election manifesto. It was implemented only during 2004-05 and it had to be reduced to 4% to meet the 50% ceiling set by the Supreme Court as per the directions of the High Court. “KCR has misled the Muslims on the promise of giving 12% quota on the lines of Tamil Nadu. So far, the Supreme Court has rejected the enhanced quotas of nearly a dozen States, including the Maratha reservation. So now it is clear that KCR’s promise of 12% ST and Muslim quota is nothing but farce,” he said.
The Congress leader expressed concern over the Supreme Court’s reported remarks that States could not decide the BCs list. He said this was an issue of serious concern as this might affect the 4% Muslims quota which is being implemented through BC-E list. “Both Telangana and Andhra Pradesh Governments must consult legal experts on the possible implications of the recent judgment of Supreme Court on the existing 4% Muslim quota. CM KCR could not implement any promise he has made with the Muslims in the last seven years. So far, nearly 20 lakh poor Muslims in TS and AP have benefitted from 4% reservation given by the Congress party. It should be ensured that this continues without any legal or bureaucratic hurdles,” he demanded.
Congress fears threat to continuance of 4% Muslim quota in TS, AP
