In a verdict that will have nationwide ramifications, the Andhra Pradesh high court Monday set aside the Centre’s memorandum carving out a 4.5 per cent sub-quota for religious minorities from the 27 per cent quota for OBCs in public employment and education.
A division bench comprising Chief Justice Madan B. Lokur and Justice P.V. Sanjay Kumar allowed three PILs filed by AP BC Welfare Association president R. Krishnaiah and others challenging the memorandums issued by the Centre on December 22, 2011, providing reservations to Muslims, Christians, Buddhists and Zoroastrians notified under the National Commission for Minorities Act 1992 as religious minorities.
The bench observed: “In the absence of any material before us, and on the plain language of the OMs, it seems to us quite clear the sub-quota has been created only on grounds of religion and nothing else. This is clearly impermissible in view of the specific language of Article 15(1), as well as Article 16(2) of the Constitution”. Saying the Centre had “exceeded the constitutional boundaries”, the Chief Justice said: “We find it difficult to appreciate any rational basis for... making the classification for preferential treatment between non-minorities and minorities.”