New Delhi: The Centre in Supreme Court will challenge the order of the Andhra Pradesh High Court that strikes down its 4.5 per cent sub-quota to minorities within OBC reservation in central educational institutions and jobs in the Supreme Court.
"We will go to the Supreme Court by way of a Special Leave Petition (SLP) against the Andhra Pradesh High Court order," Union Minister for Law and Minority Affairs Salman Khurshid told reporters here.
He said that the government would like to address the matter with a "sense of urgency".
The high court had observed yesterday that no evidence was shown to it to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment.
"Yes in the Constitution you cannot make religion the only criteria for giving reservation to a community. Minority is not just a religion. It is also linguistic. The expression of the word minority is both religious and linguistic," he argued.
"Backward minorities have not got than they are already allowed to get as per their population. 4.5 per cent of reservation is only among those castes included in the OBC list from the minorities. It is only their share in the 27 per cent reservation," Mr Khurshid said.
Mr Khurshid also downplayed contentions that the High Court order annulling the government's decision of 4.5 per cent reservation for minorities has cast shadow on the faith of large number of students seeking admissions in IITs, who benefitted from it.
The minister also referred to an earlier intervention by the Supreme Court in which the court had ensured that those who have already secured admissions would not be affected by an earlier high court order on the reservation issue.
He said it was not the first time the Andhra Pradesh High Court has struck down such an order. On earlier occasions also, the AP high court had struck down the state government's order to provide quota.
Mr Khurshid parried questions on the issue of reservation for Dalit Christians and Dalit Muslims, a recommendation made by the Ranganath Mishra Commission.
"This is not the Supreme Court, or Cabinet or Parliament. I can discuss those decisions, which have been taken," Mr Khurshid retorted when asked why the government was shy of supporting this measure.
Pressed further on the issue, he asked, "Is this a press conference mine or yours. If it is mine, you have to listen to what I say. The matter is before the Supreme Court...When any decision of the Supreme Court comes and when we do something, we will tell you."
The minister also rejected contentions that the government announced the 4.5 per cent reservation for minorities keeping in mind vote bank politics ahead of UP Assembly elections.
"If that is the case, why are we taking up now. There is no election. Why do we want to approach the Supreme Court over it?" Khurshid asked. The minister also chose the occasion to highlight the performance of the Minority Affairs Ministry in the 11th plan that concluded recently.
In a two-page note, he said that ministry awarded over 1.41 scholarships exceeding the target of over 93 lakh scholarships and these schemes were a huge success.
The note also listed the 4.5 per cent reservation provided to backward minorities in government jobs and admissions to educational institutions as major achievements of the government during the 11th plan period besides increase in priority sector lending to minorities from 10.6 per cent to 14.83 per cent.
The minister also said that the recruitment of minorities in central government jobs and PSUs has gone up from 6.93 per cent to 11.99 per cent.
Khurshid also listed creation of National Data Bank, the increase in the fund of Maulana Azad Educational Foundation from Rs 200 crore to Rs 750 crore and that of National Minority Development Finance Corporation from Rs 375 to Rs 875 crore as achievements of his ministry.
"We will go to the Supreme Court by way of a Special Leave Petition (SLP) against the Andhra Pradesh High Court order," Union Minister for Law and Minority Affairs Salman Khurshid told reporters here.
He said that the government would like to address the matter with a "sense of urgency".
The high court had observed yesterday that no evidence was shown to it to justify the classification of these religious minorities as a homogeneous group or as more backward classes deserving some special treatment.
Advertisement
"Yes in the Constitution you cannot make religion the only criteria for giving reservation to a community. Minority is not just a religion. It is also linguistic. The expression of the word minority is both religious and linguistic," he argued.
Advertisement
"Backward minorities have not got than they are already allowed to get as per their population. 4.5 per cent of reservation is only among those castes included in the OBC list from the minorities. It is only their share in the 27 per cent reservation," Mr Khurshid said.
Advertisement
Mr Khurshid also downplayed contentions that the High Court order annulling the government's decision of 4.5 per cent reservation for minorities has cast shadow on the faith of large number of students seeking admissions in IITs, who benefitted from it.
Advertisement
The minister also referred to an earlier intervention by the Supreme Court in which the court had ensured that those who have already secured admissions would not be affected by an earlier high court order on the reservation issue.
Advertisement
He said it was not the first time the Andhra Pradesh High Court has struck down such an order. On earlier occasions also, the AP high court had struck down the state government's order to provide quota.
Mr Khurshid parried questions on the issue of reservation for Dalit Christians and Dalit Muslims, a recommendation made by the Ranganath Mishra Commission.
"This is not the Supreme Court, or Cabinet or Parliament. I can discuss those decisions, which have been taken," Mr Khurshid retorted when asked why the government was shy of supporting this measure.
Pressed further on the issue, he asked, "Is this a press conference mine or yours. If it is mine, you have to listen to what I say. The matter is before the Supreme Court...When any decision of the Supreme Court comes and when we do something, we will tell you."
The minister also rejected contentions that the government announced the 4.5 per cent reservation for minorities keeping in mind vote bank politics ahead of UP Assembly elections.
"If that is the case, why are we taking up now. There is no election. Why do we want to approach the Supreme Court over it?" Khurshid asked. The minister also chose the occasion to highlight the performance of the Minority Affairs Ministry in the 11th plan that concluded recently.
In a two-page note, he said that ministry awarded over 1.41 scholarships exceeding the target of over 93 lakh scholarships and these schemes were a huge success.
The note also listed the 4.5 per cent reservation provided to backward minorities in government jobs and admissions to educational institutions as major achievements of the government during the 11th plan period besides increase in priority sector lending to minorities from 10.6 per cent to 14.83 per cent.
The minister also said that the recruitment of minorities in central government jobs and PSUs has gone up from 6.93 per cent to 11.99 per cent.
Khurshid also listed creation of National Data Bank, the increase in the fund of Maulana Azad Educational Foundation from Rs 200 crore to Rs 750 crore and that of National Minority Development Finance Corporation from Rs 375 to Rs 875 crore as achievements of his ministry.
COMMENTS
Advertisement
Case Against Salman Khurshid, His Niece Over "Vote Jihad" Remark Row Salman Khurshid's Wife, 2 Others Laundered Government Funds: Probe Agency Congress' Salman Khurshid's Post After Farrukhabad Seat Goes To Samajwadi Party "Jindal Group Executive Showed Porn, Groped Me On Flight": Woman To NDTV Bangladesh Imposes Curfew, Deploys Military As 105 Die In Protests Over 300 Indian Students Return Home As 105 Bangladeshis Killed In Protests Wife Among Two Jailed For Life For Man's Murder In Gurugram: Cops 1,100 Flights Cancelled In US As Microsoft Outage Disrupts Operations Elon Musk Congratulates PM Modi On Becoming Most Followed Leader On X Track Latest News Live on NDTV.com and get news updates from India and around the world.