Amendment status not verified — confirm the current text below against the official source.
Repeal of Ordinance 13 of 2005 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 (ACT No. 21 OF 2005) [25th October 2005] AN ACT TO PROVIDE RESERVATION TO MUSLIM COMMUNITY IN THE MATTERS OF ADMISSION INTO EDUCATIONAL INSTITUTIONS AND APPOINTMENTS TO PUBLIC SERVICES IN THE STATE OF ANDHRA PRADESH AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Whereas, the Government provided 5% reservation to Muslims in the State in educational institutions and employment in the State vide G.O.Ms.No. 33, Backward Classes Welfare Department dated 12-7-2004; And whereas, the above orders were challenged in the Andhra Pradesh High Court; And whereas, Larger Bench of the Andhra Pradesh High Court in its judgement in W.P. No. 12239/2004 etc. dated 21-9-2004 held that the above orders are ultra vires inter alia on the ground that the State Government is bound to consult the Andhra Pradesh Backward Classes Commission before undertaking any revision of the Backward Classes List and they do not reflect formation of opinion as to adequacy of representation of Muslim Community in the services of the State and directed the Government to reconstitute the Andhra Pradesh Commission for Backward Classes to examine the matter; And whereas, the Hon'ble High Court of Andhra Pradesh observed that the Muslims as a group are entitled to affirmative action / social reservations within the constitutional dispensation, provided they are identified as a socially and educationally backward class for the purpose of Article 15(4) and Backward Class of citizens for the purpose of Article 16(4) of the Constitution of India and providing social reservation to the Muslim Community or sections or groups amongst them in no manner militate against secularism which is a part of the basic structure of the Constitution; And whereas, the High Court held that the creamy layer among the Muslim community are not entitled to the benefits of social reservation; And whereas, the Andhra Pradesh Commission for Backward Classes found that the entire Muslim Community is socially, educationally and economically backward and therefore steps shall be taken for providing reservation to the members of the Muslim Community for improving their social, educational and economic conditions; And whereas, the said commission held that Muslims are not adequately represented in State employment; And whereas, the Commission further recommended that provision be made for providing 5% reservation to Muslim Community in all educational institutions and public services in the State; And whereas, the existing reservation provided to the Scheduled Castes and Scheduled Tribes and Backward Classes is at 46%; And whereas, the Supreme Court in Indra Sawney Vs. Union of India in W.P. (C) No. 97/1991 dated 16-11-1992 held that reservation under clause (4) of Article 16 of the Constitution of India shall not exceed 50% of the appointments or posts barring certain extraordinary situations; And whereas, the Commission also considered that the percentage of population of total Scheduled Castes, Scheduled Tribes and Backward Classes in the State is exceeding 68% of the total population and the muslim population in the State of Andhra Pradesh is 9.2% of total population and further having regard to the fact that the existing Backward Classes have not attained the levels of advancement warranting a revision of existing reservations and felt that in the extra-ordinary situation prevalent in the State providing total reservation of 51% may be considered by the Government; And whereas, the Backward Classes Commission also recommended that the creamy layer from among the Muslim Community would however have to be excluded from the benefits of recommended reservation by adopting the criteria laid down by the Government of India; And whereas, Article 46 of the Constitution of India provides that the State shall promote with special care the educational and economic interest of the weaker sections of the people; And whereas, the Backward Classes population in the State comes to more than 77% of total population and therefore, a further reservation of 5% in favour of Muslim Community in addition to existing 46% of social reservation is considered to be just and reasonable; And whereas, the State Government accepted the recommendations of the Andhra Pradesh Commission for Backward Classes to provide 5% reservation to the Muslim Community for admission into the seats in educational institutions in the State and employment in the public services in the State of Andhra Pradesh and to exclude the creamy layer from the benefit of reservation; Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-sixth Year of the Republic of India as follows: -