29.5.12

HC strikes down 4.5% Muslim sub-quota

The Andhra Pradesh high court set aside the Centre’s controversial order to create a sub-quota for minorities, saying there was no rationale in creating religion-based quota.  The Centre had moved to provide 4.5% sub-quota to OBC minorities within the 27% limit in educational institutions and public sector units. The court said that the policy was made based on religious grounds and not on the backwardness of the proposed beneficiaries. 
On December 22, 2011, the Centre issued two memos granting 4.5% subquota to OBC minorities. The move triggered protests from OBCs, who 
feared this would eat into their quota share. An OBC leader R Krishaniah moved the Andhra Pradesh high court on January 2, pleading the move was discriminatory on religious grounds and violates the Constitution. Disposing of the petition on Monday, the special bench comprising Chief Justice Madan B Lokur and Justice Sanjay Kumar, said the government order violates Articles 15(1) and 16(2) of the Constitution. While Article 15(1) prevents discrimination based on religion, race, caste, sex or residence, Article 16(2) states no discrimination on these grounds can be shown by the state in recruitment to government posts.

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