LAWS(APH)-2010-2-53

T MURLIDHAR RAO Vs. STATE OF ANDHRA PRADESH

Decided On February 08, 2010
T.MURALIDHAR RAO Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The cases on hand project another facet of reservations to Backward Classes in the State of Andhra Pradesh. The Legislature of the State of Andhra Pradesh has enacted "The Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Act, 2007" (A.P. Act 26 of 2007) (hereinafter referred to as 'the 2007 Act') for providing reservations to the extent of 4% of total seats to backward classes among Muslims in the matter of admissions in educational institutions and in public employment for their uplift ment. We, therefore, feel it expedient to briefly trace the history of reservations in the State.

(2.) Even before the State of Andhra Pradesh had been formed, reservations to backward classes in educational institutions and in public services had been provided under G.O. Ms. No. 110 dated 30th May, 1953 to 112 Castes by the State of Nizam. In the year 1963, when the State of Andhra Pradesh had issued a government order providing for reservation of seats in government medical colleges, this Court had nullified the same on the ground that it was violative of Articles 15 and 29 (2) of the Constitution and it had been provided without applying the criteria laid down by the Hon'ble Supreme Court in M.R. Balaji v. State of Mysore (1) AIR 1963 SC 649. Subsequently, in the year 1964, a list of 112 castes or communities were identified as backward. The validity of the said list was challenged before this Court by filing writ petitions on the ground that the list so prepared was solely on the basis of caste. The writ petitions were allowed by this Court by striking down the reservation for Backward Classes in professional colleges. The invalidation was upheld by the Hon'ble Supreme Court in State of A.P. v. P. Sagar (2) AIR 1968 SC 1379.

(3.) There after, the State of Andhra Pradesh had appointed a multi-member Commission, initially headed by Justice Manohar Prasad, former Chief Justice of this Court and subsequently by Shri Anantaraman, ICS to investigate into the claims made by certain groups claiming to be belonging to backward classes. In pursuance of the report of Anantaraman Commission, the State issued G.O.Ms.No.1793, Education Department, dated 23.9.1970 providing reservation to Backward Classes under four distinct groups viz., Group A, B, C & D with separate quota for each group. However, subsequently, the government deleted two castes and added 3 more castes to the original list. The said action was challenged in this Court and the same was quashed by this Court. The Hon'ble Supreme Court, in State of A.P. v. U.S.V. Balaram (3) (19721 SCC 660, however, upheld the above Government Order, and the list of backward classes.