Govt to challenge HC order on sub-quota

The Andhra Pradesh High Court order that struck down 4.5 per cent sub-quota to minorities within OBC reservation will be challenged by the Centre in the Supreme Court.

Minority affairs and law minister Salman Khurshid told mediapersons on Tuesday that the government did not offer the quota on religious lines and the same will now be challenged through a Special Leave Petition.

The minister said that the government did not include any new caste from the minorities in the OBC list but did it entirely on the basis of the Mandal Commission.

"We did not offer the quota on the basis of religion but on the share of population amongst backward classes recognised as backward classes by the Mandal Commission," Khurshid said.

He further argued that the word minority is both religious and linguistic.

"We have decided to challenge it in the Supreme Court. The Centre will file a Special Leave Petition in this regard in the Supreme Court," the law minister said.

A Division Bench of the Andhra High Court in an order on Monday said there was no rationale behind providing reservation to minorities on the basis of religion.

On Tuesday, Hyderabad MP Asaduddin Owaisi criticised the high court judgement and urged Muslims to challenge reservations for backward classes.

Owaisi told reporters that the Centre had presented a weak case and the assistant solicitor general fighting the case failed to produce crucial empirical data.

Despite the Ranganath Misra Committee finding backwardness of the minority community, Owaisi said the Centre failed to provide 10 per cent or at least 8 per cent reservation.

The Bharatiya Janata Party has meanwhile slammed the government for deciding to challenge the sub-quota order in the Supreme Court

"The fact remains that this is an issue where everybody has agreed to give reservation on grounds of backwardness for which a provision exists. But to have to bring in a category based on religion is not sustainable," BJP spokesperson Nirmala Sitharaman said.

"The Congress is misleading, particularly the minorities, by saying there is strength in the argument," Sitharaman added.