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.
**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)**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

1. Sections
2. Short title, extent and commencement
3. Definitions
4. Declaration of Muslims as Backward Classes
5. Reservation of seats for Muslims in the Educational Institutions
6. Reservations in appointment or posts in the public services
7. Power to make provision by notification
8. Power to remove difficulties
9. Repeal of Ordinance 13 of 2005


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**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)**

[25[th] 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;


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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;


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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: 
**1. Short title, extent and commencement - (1) This Act may be called 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.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall be deemed to have come into force with effect from the 20th
June, 2005.

**2. Definitions - In this Act unless the context otherwise requires: -**

(a) "Educational Institutions" means a college, a school imparting
education upto and inclusive of tenth class or other institution
by whatever name called, whether managed by Government,
private body, local authority or University and carrying on the
activity of imparting education therein, whether technical,
professional including medical or otherwise, and includes a
Polytechnic, Industrial Training Institute and Teachers' Training
Institute.

(b) "Government" means State Government of Andhra Pradesh.

(c) "Muslims" means any person professing the faith of Islam but
does not include for the purpose of this Act, persons belonging
to Dudekula, Laddaf, Pinjari/Noorbash and Mehator groups
who are already included in the list of Backward Classes in the
State.

(d) "Notification" means a notification published in the Andhra
Pradesh Gazette and the word 'Notified' shall be construed
accordingly.

(e) "Public Service" means public service as defined in Andhra
Pradesh (Regulation of Appointments to Public Services and
Rationalisation of Staff Pattern and Pay Structure) Act, 1994
(A.P. Act No. 2 of 1994).


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**3. Declaration of Muslims as Backward Classes - Having regard to the**
social, educational and economic backwardness, the members of the Muslim
Community residing in the State are hereby declared as Backward Classes
and be included in the lists of Backward Classes prepared by the
Government from time to time.

**4. Reservation of seats for Muslims in the Educational Institutions -**
Notwithstanding anything in any other law for the time being in force, there
shall be reservation of five percent of seats for admission into educational
institutions in favour of Muslims residing in the State:

Provided that the members belonging to the creamy layer amongst
Muslim Community shall not be entitled to such reservations.

**5. Reservations in appointment or posts in the public services -**
Notwithstanding anything in any other law for the time being in force, there
shall be reservation of five percent in appointments or posts in Public
Services under the State in favour of Muslims residing in the State:

Provided that the members belonging to the creamy layer amongst
Muslim Community shall not be entitled to such reservations.

_Explanation. - For the purpose of this Act the creamy layer shall be such as_
may be determined by the State Government and till such determination
takes place, the guidelines issued by the Government of India from time to
time shall be followed.

**6. Power to make provision by notification - The Government may, by**
notification make provision for carrying out all or any of the purposes of this
Act.

**7. Power to remove difficulties - If any difficulty arises in giving effect to**
the provisions of this Act, the Government may make such order not
inconsistent with the provisions of the Act as may appear to them to be
necessary or expedient for the purpose of removing such difficulty:

Provided that no such orders shall be issued after expiry of two years
from the date of commencement of this Act.

**8. 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 Ordinance, 2005 is
hereby repealed.


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