Legal Correspondent

HYDERABAD: The sampling for the alleged survey done by the A.P. Commission for Backward Classes is not above board and any recommendations based upon it are illegal, asserted G. Vidyasagar, advocate appearing for petitioners who challenged the reservation for Muslim groups in the State.

He was addressing the bench of A.P High Court comprising seven judges Chief Justice Anil Ramesh Dave, Justice T. Meena Kumari, Justice B. Prakasha Rao, Justice D.S.R.Varma, Justice A. Gopala Reddy, Justice V. Eswariah and Justice Goda Raghu Ram on Monday.


It may be recalled that batch of writ petitions were filed challenging the constitutional validity of the action of the State government in providing reservations in fields of public employment and education for certain sections of Muslims. The Act passed by the legislature providing for reservations was based upon the report of the A.P Commission for Backward Classes.

Mr. Vidyasagar read out portions from report of P.S. Krishnan, advisor to the government and the report of the B.C. Commission to drive home the point that the survey, sampling and the analysis of the figures were illegal. S. Sriram, appearing for another student who challenged the reservation contended that the creating a separate group ‘E’ among the Back ward classes exclusively for Muslims is unconstitutional.

He pointed out that the Rajaka community of Muslim religion ought to have been clubbed with the Rajakas of Hindu religion but not with other Muslim groups. He pointed out such instances wherein persons having the same traditional occupation are not clubbed in the same group but put in different groups based upon religion. The arguments on behalf of other petitioners will continue on Tuesday.