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Updated: June 12, 2012 15:54 IST

Centre to appeal sub-quota ruling

    Vidya Subrahmaniam
    Mohammad Ali
Comment (36)   ·   print   ·   T  T  
Union Minority Affairs Minister Salman Khurshid addresses a press conference in New Delhi on Tuesday.
PTI
Union Minority Affairs Minister Salman Khurshid addresses a press conference in New Delhi on Tuesday.

Andhra Pradesh High Court quashing of reservation shocks Muslim IIT aspirants

A day after the Andhra Pradesh High Court quashed the 4.5 per cent Minorities sub-quota announced by the Manmohan Singh government in December last year, the Centre put up a brave front even as the Muslim community reacted in shock and disappointment.

At a press conference on Tuesday, Union Law and Minority Affairs Minister Salman Khursheed, strongly defended the sub-quota, and said the government would file a Special Leave Petition in the Supreme Court against the judgment. The sub-quota, which was carved out of the 27 per cent OBC quota, was quashed by the court on the grounds that it was decided on religious lines.

Coming just ahead of the University admission process, the judgment has placed a question mark on the future of tens of thousands of Muslim students who were banking on the sub-quota to get into higher education this year. In fact, only last week, the Human Resource Development Ministry had issued an Office Memorandum clarifying that the 4.5 per cent quota would come into effect from this academic year.

In the event, Mr. Khursheed's words added to the feeling of despair in the community. He refused to offer any hope to the students and said instead that it was open to any individual to move the court. Indeed, asked specifically about the fate of hundreds of Muslim students who had reportedly qualified under the quota for admission into the IITs, he said: “It is my understanding that counselling for IIT admission has not even begun. But if somebody has been selected, they can move the court.

Said Member of Parliament, Asaddudin Owaisi: “The government is being careless and casual which is the reason why we are in this mess in the first place. How can it lose sight of the fact that the future of so many students has been jeopardised?”

Mr. Khursheed indicated that the process of contesting the court ruling could take a while. He said the court was currently on vacation. And secondly, a Constitutional Bench of the Supreme Court was already considering the validity of a sub-quota for minorities, though this was in the context of a Muslim quota announced earlier by the Andhra Pradesh Government.

“On three occasions, the Andhra Pradesh High Court struck down the Andhra Pradesh quota and the last decision was in fact by a five-judge bench. Now the matter is before a Constitutional Bench of the Supreme Court.”

When will the Muslims be seen as a "community" rather than on "religious grounds"?. When this happens, the attitude of the majority community ranting on Muslim reservation will stop.
India needs to grow with collective effort from every section of community. There is a huge potential in Muslim community which can be utilized for the welfare of India. Already, Muslims feel "left out". If proper opportunity to grow are not provided, then the history might repeat.

from:  Roeas
Posted on: Jun 2, 2012 at 12:41 IST

Why is THE HINDU publishing only pro-reservation comments??? Reservation on religious
grounds is undesirable. Only a network of good quality government schools will solve the
problems of all Indians. Promoting the interests of one religious group is meant to further
the cause of vote bank politics

from:  Swarna
Posted on: May 31, 2012 at 00:07 IST

The outpour of resentment and frustration of majority against Muslim
community confirms the general attitude and discrimination at almost
all levels of society without an understanding or sympathy necessary
for overcoming the situation of the largest minority in the
country.India cannot progress by creating inequality within its
society. A sub-quota is not a religious quota but based on social and
economic backwardness as listed in the Backward Schedule. How can it
be helped if minorities are defined in terms of religion and
linguistically and if backward not qualify for reservation available
to the majority's lower castes?? What one forgets is although
minority were guaranteed cultural and educational rights in the
Constitution, case law has diminished them, leaving the community
greatly vulnerable, which was documented in recent Government Reports
and independent Human Right networks.Let us create space for inclusive
growth and contribute in nation builing.

from:  Amnah Khalid
Posted on: May 30, 2012 at 15:05 IST

All the people are forgetting the factual status of Muslims in this Country. Muslims did occupy less than 3% of positions in all adminstrative services, public sectors and banking sectors whilst the population is more than 16%. Muslims did not have graduation more than 75%.Muslims are economically downtrodden to an extent that they are less to any other community including SC and ST. Donot they need to be taken care by this great nation. If such amendment is required, let us do it. I,am proud of Maulayam singh who won purely on Muslim Votes.This is going to happen all over the country.Today he had elected 48 MLS and it 22%.He should become Prime Minister to take care of Muslims from these reckless people who stops everything if its about Muslims. Congress did not do anything to Muslims which is exactly the reasons Mamata, Nitish and Maulayam got elected purely because of Muslim Votes. Lallu and Karunanidhi lost since they did not do to Muslims.

from:  Habibullah
Posted on: May 30, 2012 at 14:58 IST

Reservation was the need at the time of India's independence to pick up
the masses living below poverty line. Now the situation is different.
Economically backwardness from all religion in Indian community may be
given preference for uplift of the down trodden who are reeling in no
source or less source of income group coming up in all walks of life
including food, education and shelter irrespective of caste and creed.

from:  Liyakath Ali Khan
Posted on: May 30, 2012 at 10:07 IST

There's something I never understood, being an engineering student. Why reservation to anybody at all?? Its true that it was needed when the country was born, the conditions were different then. It maybe true that the Govt. is doing this only for its vote bank. But in today's context, if the country needs better students and officials, make it completely merit-based. Or if no Govt. has the courage to do this, make reservations for all castes, tribes, everyone and distribute the total percentage population-wise. I am a muslim and an IITian, but when I prepared for the JEE, I thought all the while why this was happening and why I "NEED" to get a considerably better rank than most others. Are the sections already existing not a means of division on racial basis? Are there no SCs and STs in Muslims? For a better India, make it merit-based or loot it in the name of reservation.

from:  Mohammad Ashraf
Posted on: May 30, 2012 at 09:06 IST

Across civilizations, weaker sections of the society has been given
equity and justice. Reservation is one way of doing it. The sachchar
commission and Rangnath Mishra commission has come up with the plethora
of evidence that suggests that the condition of muslims are worse than
those of Dalits. It is in this context some provision of affirmative
action in term of reservation is highly needed.

from:  Mahtab Azad
Posted on: May 30, 2012 at 06:32 IST

India is a democracy. All are equal. Talents and true contribution by individuals for nation building are vital. Keeping these in mind, quota system and reservation at all levels including reserved constituency to be removed. If this happens, corruption could be dramatically reduced.

from:  Jay
Posted on: May 30, 2012 at 02:05 IST

Religion based approach to problems led India to partition and all ensuing atrocities. It is a pity that those in power do not realize the after effect of such approach. Dr, Manmohan Singh himself was a victim of the partition that was engineered by the intolerant section of some religious groups who found it easier to get to leadership and a country that had no solid foundation of enlightnment. Let India remind herself of the recent past and abstain from doing anything that may weaken the country. At the same time any legitimate grievances of peiople need to be addressed and soluioin found. Religion should not have any say in the political system of finding solutions to problems.

from:  Balarajan P.
Posted on: May 30, 2012 at 02:04 IST

My dear Minister,
Are you interested in the economically backward society of India or you
are interested in relegious upliftment? If you care about poor and
upliftment of poor, then please remove the quota based on religion and
keep quota only for education and that too for economically backward
people. The ultimate aim should be to make non-biased society where
everyone should have the same rights.

from:  Vishak
Posted on: May 30, 2012 at 00:22 IST

Reservation based on religion is unconstitutional - thats it. State-wide networks of good quality GOVERNMENT SCHOOLS is the only answer to address the educational needs of all Indians including Muslims.
Khurshid is back again with more of his party's dirty tricks but i hope the Supreme court remainds him that giving VVIP treatment to the Muslim community does not amount to secularism and is infact detrimental to the same.

from:  Swarna
Posted on: May 30, 2012 at 00:22 IST

Mr. Mithun Moosa Kutty,
Dont give such ideas to Salman of Congress. He will propose concessions on legal punishments a la other reservations. It is a dangerous idea.

from:  Raman V.R
Posted on: May 30, 2012 at 00:06 IST

we say india is secular but if reservation will be given on the basis of religion then where is point of secular.

if you want to give reservation then give it on the basis for income .....reservation for all whose income is less than 4 lakh not on the basis of obc,monority, sc or st..

from:  AKHILESH KUMAR SINGH
Posted on: May 29, 2012 at 23:41 IST

The minister would better serve the nation by helping save some precious public money looted by his ex-colleagues (for e.g. ...many)and use that for opening more and better institutions for education. Using a decade old argument to rake up tension among masses and political expediency are not really going to help.

from:  Rahul
Posted on: May 29, 2012 at 23:34 IST

Reservation quota as per framed India's Constitution has helped much
more down trodden communities of the Country for the cause of their
up-liftment in all walks of life. The rich and imperialists always
stay on sky due to their struggles in time. The reserved category and
rich both developed and started to live in posh colonies and eat in
five star Hotels without caring the payment of huge bills. The Muslims
who were living with them feel shy to meet their neighbours who were
maintaining standard of high living in a developed society. The right
thinking politicians turned their heads and gave voice to Muslim
reservation in order to balance the community to an Indian cadre of
citizenship under grant of equal status for a genuine cause of
eradication of poverty from our country. If you avoid reservation on
religious grounds and apply reservation quota on economical grounds,
it will catch Muslim community under preference due to their poor
condition of living in a society.

from:  Liyakath Ali Khan
Posted on: May 29, 2012 at 22:56 IST

All communities should get their equal rights, quota and whatever so. We are all Indians and all are EQUAL. All People should help/raise their voice for backward community and they shouldn't look at their religion. Also Supreme Court reserves the judgement in this issue!!

from:  Sirajuddin
Posted on: May 29, 2012 at 22:48 IST

It is an insulting reality that elected higher echelons of the country fail its people, again and again. The shameless class shows no concern of judiciary or elementary social values. Do the practical majority of Kashmir, the political majority of Kerala and the like need any reservation?
The court of law appears to be the only sure guard of values and principles in India. Let the better sense prevail, let there be no more reservation based on religion and their ilk. Its time to roll back existing reservations gradually.

from:  Jane Shaw
Posted on: May 29, 2012 at 22:46 IST

The world community judges India's secularism not by the number of Muslim Presidents nor by the Percentage of minority quota but by the discrimination meted out to them as in Gujarat. By and large, Muslims are not the oppressed community in India as against Tamils in Srilanka or Tibetans in China thanks to the probity of majority of the Hindus. But, there is no gainsaying that both Islam and Hinduism are victims of religious extremism even in India.

from:  Syed
Posted on: May 29, 2012 at 22:22 IST

None but the majority who voted him to power are to be blamed!

from:  Indu Lekha
Posted on: May 29, 2012 at 22:01 IST

The time is elapsed to end the minority rule over India. From the time of British some minority hold the key positions and exploit the majority

from:  K P Reveendran Nair
Posted on: May 29, 2012 at 21:42 IST

Many years back, Mr Rajiv Gandhi put Mr Khurshid 'up the creek without a paddle' in the infamous Shah Banoo case.
I had some respect for Mr Khurshid.
But sadly he has long passed his 'sell by' date.

from:  Mukul Goyal
Posted on: May 29, 2012 at 21:37 IST

Another cheap trick to woo the minority vote bank. Not surprised at all ! Reservaton should be based on social & economoic aspects.

from:  Vivek
Posted on: May 29, 2012 at 21:29 IST

"Reservation to all is reservation to none"

from:  Sandeep N
Posted on: May 29, 2012 at 21:25 IST

I strongly object and condemn remarks of Salman
Khurshid that " Minority is just not a religion only". He
can't twist everything for political mileage. Religions are
to help people for controlling their bad acts and should
never have been dragged in reservation issue.
If they r changing definitions the they should know that
Hinduism is not a religion at all and all the religions
originating from the philosophy of Hinduism, should also
be given special status.
Are we heading for a secular country or Religion based,
cast based, OBC based country.
It appears that self proclaimed secular force Congress is
the biggest enemy of Secularism who has continued to
play and increase role of dividing country based on cast,
religion, social status, minority name, OBC name and all
possible divides. Day is not far off when they would start
playing "Surname" based cards for further divides.
We must file a petition in Supreme Court to silence these
traitors of Secularism.

from:  R.N.Mehrotra
Posted on: May 29, 2012 at 20:47 IST

Congress government is making life miserable for every child who doesn't
belong to any of those reserved categories. For the sake of the
development of this country, please avoid populist measures such as
these.
There is only one way for those defined to fall under General category -
flee this country and live elsewhere where merit is given priority.

from:  RKPonraj
Posted on: May 29, 2012 at 20:42 IST

"all Indians are equal before the eye of law".....Oh! the irony!!

from:  mithun.moosa.kutty
Posted on: May 29, 2012 at 20:24 IST

It is a totally outrageous statement given by any politician on such a
sensitive issue wherein everybody knows that the proposal to give such
reservation of religious basis is totally unconstitutional and if it
happens, then this Dr. Babasaheb Ambedkar dream and other members who
drafted and approved this great constitution will be totally collapsed
and it will be the greatest disrespect they can show to our great
forefathers who fought for India's independence and made our country
as a true secular democratic country. Why should we further divide the
country and lead this country into total anarchy by moving such
dangerous steps? Why Union Law Minister needs reservation? Why present
Indian Lok Sabha Speaker's family needs reservation? Instead we should
forthwith cancel the present reservation policy and it should be
totally re-structure on economic and socially backward basis and
creamy layers of the section to be removed from the reservation
structure.Supreme Court has to decide it.

from:  Chandran
Posted on: May 29, 2012 at 20:16 IST

BJP in congress out

from:  Thennarasu
Posted on: May 29, 2012 at 20:14 IST

Reservation on the basis of religion should not be allowed in India not just because it is constitutionally prohibited but because it is impossible to offer each and every minority group a share in the reservation pie. Muslims are not the only religious minority in India. On the contrary their population is considerable and far higher than that of Sikhs or Christians. Yet they are pandered to because they speak louder than the rest and play a determining role in the outcome of election. Politicians know this very well, therefore, they don't feel any qualms about turning constitutional provision on its head and pitching for only one community discriminating against all others.

from:  Mukul Dutta
Posted on: May 29, 2012 at 19:57 IST

It seems that since independence the idea of freedom has been slowly fading away, the successive governments have been increasingly tending to hang on to parliament and adapting the imperialistic fundamentals of divide and rule. The democracy of the country has acquired a new face of caste and religion and the people are yet to realize that there is a dire need of another freedom struggle like movement.

from:  Shivakumar
Posted on: May 29, 2012 at 19:55 IST

Mr Khurshid, You have every right to challenge any order given by any court. Wait for the verdit of people of INDIA.

from:  Niraj Rajpal
Posted on: May 29, 2012 at 19:50 IST

What about people in General Category? Are they born Genius or born with a silver spoon of not getting reservation? Think of it....

from:  AJAY
Posted on: May 29, 2012 at 19:49 IST

SUbramanian Swamy got better sense when he said "quotas for backward classes are only for those who were never ruling classes in India whereas under the government's proposal they are being extended to classes which have no socially imposed disabilities.
Poverty, therefore, cannot be the criteria for giving quotas."

from:  P K Lohya
Posted on: May 29, 2012 at 19:33 IST

This law Minister Kurshid has no other work or programme except
the Muslim Sub quota. Congress party lost the UP elections and
the wife of Kurshid in particular was defeated when they placed
Minorities Sub quota as the election issue. The Muslims of UP did
not believe the Congress party and the backward people of UP were
also grieved that their percentage is getting eroded by the
Muslim Sub quota. Sonia and Rahul did not learn a lesson out of
this. Now they are going to Supreme Court. The Highest Court of
this country is also going to give a verdict and teach them a
lesson to keep them silent permanently forever over this affair.

from:  K.Sanckar
Posted on: May 29, 2012 at 19:17 IST

If the expression of the word minority is both religious and linguistic, then there are
so many "linguistic-religious" combinations existing like in Bihar and the North East,
whose reservations would also need to be addressed.

from:  KS Raghunathan
Posted on: May 29, 2012 at 19:11 IST

Dear Govt, Just keep focusing on making quotas and finding ways for increasing vote when there are plethora of issues that needs legislation, including to stop escaping of ministers after being caught. Well, we can understand your urgency in this matter because your GOVT term is going to end in next two years..Keep doing !!

from:  SANKARANARAYAYAN H
Posted on: May 29, 2012 at 19:05 IST
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