ALL INDIA MUSLIM
AIMMM Welcomes the A.P. High Court Ruling in favour of Reservation for a Religious Group, if Backward
Requests AP Govt. to Complete Legal Formalities
Requests Central and State Govts. to Move their Backward Classes Commissions to Consider Muslim Case
New Delhi, 24 September, 2004: Shri Syed Shahabuddin, President of the All India Muslim Majlis- e-Mushawarat (AIMMM), has issued the following Statement :
"The All India Muslim Majlis-e-Mushawarat (AIMMM) regards the Judgement of the A.P. High Court declaring the G.O. on Reservation for Muslims ultra vires as a temporary setback and, in fact, a long-term victory for the cause of reservation for Muslims all over India.
The A.P. High Court has struck down the G.O. on purely technical grounds which, the AIMMM hopes, the State Government shall take immediate steps to remedy: the reconstitution of the A.P. Backward Classes Commission and finalization of a Scheme to bar the Creamy Layer from the benefit of reservation.
On the other hand, the A.P. High Court has upheld, in principle, reservation in favour of the Muslim community, if it is found to constitute a Backward Class. This is in line with the Supreme Court Judgement in the Inder Sawhney Case and the opinion of the Justice Venkatachalliah Commission.
The AIMMM reiterates that the demand for reservation for Muslims is based on the fact of their educational, social and economic backwardness, as a group, which stands established in Census 2001 and can be verified by systematic surveys based on nationally accepted parameters.
In effect, the A.P. High Court has ruled that religion should be treated on par with caste as a basis for classification and reservation on the basis of religious identity is equally permissible as the basis of caste identity, subject to the common condition of Backwardness. The AIMMM, therefore, welcomes the A.P. High Court Judgement and appeals to the Central Government as well as the Governments of other States of Muslim concentration like UP, Bihar, West Bengal, Assam, Maharashtra etc. to introduce reservation for the Muslim community, as a community, in proportion to its population and level of backward as compared to SC/ST."
Sd/- Syed Shahabuddin
ALL INDIA MUSLIM
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