Clarification on BC-E Reservations for Muslims
From
To
Syed Omer Jaleel, I.A.S., The Secretary,
Director of BC Welfare, AP Public Service Commission,
Hyderabad
A.P., Hyderabad. All the Heads of the Departments,
The District Collectors,
The Registrars of Universities and
The Dist. BC Welfare Officers in the State.
Rc.No.
8267/E/2011, Date: 04-06-2012
Sir / Madam,
SUB : BCWD – Reservations for
Muslims – Setting aside of 4.5% sub quota
provided to the Minorities in Civil Posts
and Services under Government of
India within the 27% quota earmarked for
Other Backward Classes by the
Hon’ble High Court of Andhra Pradesh on
28-05-2012 – Issue of certain
clarification with regard to its impact on
4% reservations provided
to certain
Socially and Educationally Backward Classes of Muslims by the
Govt. of Andhra
Pradesh under BC – E category – Regarding.
REF : 1. Office Memorandum No. 41018/2/2011 - Estt.
(Res.), Dt. 22-12-2012
Ministry of Personnel, Public Grievances and
Pensions, Department of
Personnel and Training, Government of India.
2. Judgment of Hon’ble High Court
of Andhra Pradesh on 28-05-2012 on
provision of 4.5% quota for Minorities within the 27% quota
earmarked
for Other Backward Classes under Government of India.
3. G.O.Ms.No.23, BC Welfare (C2)
Department, Dt. 07.07.2007.
@ @ @
I invite kind attention to the subject and references
cited.
It is to inform that the Govt. of India have issued orders
vide its Office
Memorandum No. 41018/2/2011 - Estt. (Res.), Dt. 22-12-2011,
Ministry of Personnel,
Public Grievances and Pensions, Department of Personnel and
Training providing 4.5%
sub – quota for the Minorities in Civil Posts and Services
under the Govt. of India
within the 27% quota earmarked for Other Backward
Classes.
However, the said Office Memorandum has been challenged in a
batch of Writ
Petitions before the Hon’ble High Court of Andhra Pradesh by
Sri R. Krishnaiah,
President of AP Backward Classes Welfare Association and
others.
The Hon’ble High Court of Andhra Pradesh in its judgment
delivered on 28-05-
2012 has set aside the said Office Memorandum issued by the
Govt. of India providing
4.5% sub – quota for the Minorities in Civil Posts and
Services under the Govt. of India
within the 27% quota earmarked for Other Backward
Classes.
As a result of the above judgment of the Hon’ble High Court
of Andhra Pradesh,
Dated: 28-05-2012, the 4.5% sub quota provided to the Minorities
including Muslims
within the 27% quota earmarked for Other Backward Classes
under Govt. of India has
been struck down. Here, it may be noted that the judgment
relates only to the
reservations provided to the Minorities including
Muslims under Govt. of
India.
But, the said
judgment Hon’ble High Court of Andhra Pradesh, Dated: 28-05-
2012 doesn’t have any bearing on 4% reservations provided to
certain Socially
and Educationally Backward Classes of Muslims under the
Govt. of Andhra Pradesh vide
G.O.Ms.No.23, BC Welfare (C2) Dept., Dt. 7.7.2007 under BC –
E category. These
reservations under BC – E category under the Govt. of Andhra
Pradesh will continue as
they are as per the interim orders of the Hon’ble Supreme
Court of India, dated:
25-03-2010 and they are subject to the final orders of the
Hon’ble Supreme Court of
India to be delivered in the matter.
However, in view of the said judgment of Hon’ble High Court
of Andhra Pradesh,
Dated: 28-05-2012,
there is slight confusion regarding its impact on 4%
reservations provided to certain Socially and Educationally
Backward Classes of Muslims
under the Govt. of Andhra Pradesh under BC – E category.
Further, some complaints are
also being received in this regard that the Departments,
Recruiting agencies,
Universities, Educational Institutions etc., under the Govt.
of Andhra Pradesh are not
extending the benefit of 4% reservations provided to certain
Socially and Educationally
Backward Classes of Muslims under BC – E category.
In view of the above, it is clarified that said judgment of Hon’ble High
Court of Andhra Pradesh, Dated: 28-05-2012 doesn’t affect the 4%
reservations provided to certain Socially and Educationally
Backward
Classes of Muslims under BC – E category under the Govt. of Andhra
Pradesh as this is a separate case.
In this context, it is further informed that the issue of 4% reservations
provided to certain Socially and Educationally Backward
Classes of Muslims under BC – E
category under the Govt. of Andhra Pradesh is subjudice in
the Hon’ble Supreme Court
of India.
Since the Hon’ble Supreme Court of India in its interim
orders, dated:
25-03-2010 has held that for the time being, 4% reservations provided to certain
Socially and Educationally Backward Classes of Muslims be
extended to the first 14
categories, the said 4% under BC – E category under the
Govt. of Andhra Pradesh can
continue until the
delivery of final judgment by the Hon’ble Supreme court of
India.
Therefore, the fourteen (14) Socially and Educationally
Backward Classes of
Muslims listed under BC – E
can continue to avail of the 4% reservations in
Educational Institutions and Civil Posts under the Govt. of
Andhra Pradesh and
all the Departments, Recruiting agencies, Universities,
Educational Institutions etc.,
under the Govt. of Andhra Pradesh shall extend the benefit
until the delivery of final
judgment by the Hon’ble Supreme court of India.
Yours faithfully,
Sd/- Syed Omer Jaleel
DIRECTOR OF BC WELFARE
Sd/- D. Chandra Sekhar Raju
For DIRECTOR OF BC WELFARE
Copy submitted to the Prl. Secretary to Government, BC
Welfare Department,
AP
Secretariat, Hyderabad for favour of information.
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