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Southeast Asia
State's Muslim job quota quashed
2005-11-07
The High Court in India's southern Andhra Pradesh state has quashed an act that reserves jobs for Muslims, saying it is unconstitutional.

The state government this year reserved 5% of education places and government jobs for the Muslim minority. But the court, ruling on petitions from a number of students, declared the act void and questioned the labelling of Muslims as socially backward.

The state's chief minister said he would appeal to the Supreme Court.

YS Rajasekhara Reddy said the ruling only strengthened his resolve to push through the act.

When the act was announced, Andhra Pradesh became the first Indian state to reserve jobs across the board for its minority Muslim community. But the five-judge High Court bench said the act was contrary to earlier related rulings by the Supreme Court. The bench said that the act was in violation of the constitution, which did not allow reservations on the basis of religion.

It criticised the reasoning of the Andhra Pradesh Backward Class commission, which made the reservation recommendation. The judges said the commission had not gathered sufficient data or evolved a proper mechanism for subjecting Muslims to a test of social backwardness.

The bench also said that after Muslims were given the 5% reservation, the total reservation quota in the state had exceeded the 50% limit set by the Supreme Court.

Mr Reddy rejected the court's view that the act was unconstitutional. He said the government was not offering reservations to Muslims on the basis of religion. He said not all Muslims were offered the benefit but only those who were deemed disadvantaged.

Muslims make up about 10% of the 78m population in Andhra Pradesh.
Posted by:tipper

#7  "questioned the labelling of Muslims as socially backward"

Uh, they might want to think about that.

That pretty much describes most of the Middle East - and Phrance.
Posted by: Barbara Skolaut   2005-11-07 23:31  

#6  Affirmative action is just another communist method of taking from one and giving to another. I've watched it for many years and it is a cancer.
Posted by: Besoeker   2005-11-07 22:15  

#5  it's hell on the IRS helpline call center!
Posted by: Frank G   2005-11-07 22:00  

#4   50% limit set by the Supreme Court

And where did the judges get that magical figure from?

Reservation or affirmative action was supposed to be a temporary measure to lift the status of "untouchables". The author of the Indian constitution, himself an "untouchable" agonized about the merits of affirmative action. He was not convinced it was the right method of handling past discrimination.

The French have a saying.. there is nothing so permananent as a temporary measure.. and it seems to be true.

Affirmative action has become a monster in India.
Posted by: john   2005-11-07 21:23  

#3  He said not all Muslims were offered the benefit but only those who were deemed disadvantaged.

To the Muslims I'm sure that means, like,...all of them?
Posted by: tu3031   2005-11-07 10:28  

#2  Saw the headline, thought it was State Department...
Posted by: Grunter   2005-11-07 10:21  

#1  Ah, just get the University of Michigan Law School to write up something fancy that says its a quota while not being a quota but constitutional.
Posted by: Whash Unick6318   2005-11-07 10:20  

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