Amendment status not verified — confirm the current text below against the official source.
Repeal of Ordinance 5 of 2007 SCHEDULE THE ANDHRA PRADESH RESERVATION IN FAVOUR OF SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES OF MUSLIMS ACT, 2007 Act No. 26 of 2007 [13th August, 2007] AN ACT TO PROVIDE RESERVATION TO SOCIALLY AND EDUCATIONALLY BACKWARD CLASSES OF MUSLIMS IN THE EDUCATIONAL INSTITUTIONS AND PUBLIC EMPLOYMENT FOR THEIR UPLIFTMENT AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Whereas, the Andhra Pradesh Commissioner for Backward Classes found that the entire Muslim Community is socially, educationally and economically backward and therefore, recommended that provision be made providing 5% reservation to the Muslim Community in all Educational Institutions and Public Services in the State excluding the creamy layer among them; And whereas, basing on the recommendations of the Commission, the Andhra Pradesh Reservation of Seats in the Educational Institutions and of appointments or posts in the public services under the State to Muslim Community Act, 2005 was enacted providing for 5% reservation of seats in Educational Institutions and in appointments in Public Services to the Muslim Community excluding the creamy layer amongst them; And whereas, the Larger Bench of the Andhra Pradesh High Court in W.P. Nos. 13832/05 and batch dated 7-11-2005 held inter alia, that the Backward Classes Commission has not identified the social backwardness of Muslims to declare them as backward and accordingly, declared the above Act as unconstitutional and violative of Articles 15(4) and 16(4) of the Constitution of India; And whereas, State Government filed SLP in Civil Appeal No. 7513/2005 in the Supreme Court against the above judgment and it is still pending; And whereas, Government referred the matter to the Andhra Pradesh Commission for Backward Classes basing on the decision of the Hon'ble High Court of Andhra Pradesh again to identify the Muslim Communities and Groups which can be regarded as socially and educationally backward for the purpose of providing reservation to them; And whereas, the Andhra Pradesh Backward Classes Commission in their report recommended that certain Muslim Communities and Groups are to be considered as socially and educationally Backward Classes of citizens for providing to them Reservations under Articles 15(4) and 16(4) of the Constitution of India; And whereas, Government approved the recommendations of the Andhra Pradesh Commission for Backward Classes to provide reservation to the eligible socially and educationally backward classes of Muslims; And whereas, the provisions of the said Act, 2005 cannot be made applicable in the State; And whereas, it has been decided to provide reservation in favour of the socially and educationally Backward Classes of Muslims as recommended by the Backward Classes Commission; Be it enacted by the Legislature of the State of Andhra Pradesh in the Fifty-eighth Year of the Republic of India as follows:-