Questioning the constitutional validity of an ordinance providing reservation to the Muslims, the Supreme Court on Friday stayed further admissions in educational institutions in Andhra Pradesh against a newly-enacted provision, granting four per cent quota to the students from the minority community.

A bench headed by Chief Justice K G Balakrishnan, stayed further admission in the state’s professional colleges but said the students already admitted against the quota would continue.

The bench asked Andhra Pradesh to file its reply on the constitutional validity of granting 4 per cent reservation to the minority community, which violates basic structures of the Constitution.

Senior Counsel Indira Jaisingh, appearing for Andhra Pradesh, said that the community is very backward in the state and needed privilege for its upliftment.

The court suggested that financial and economical help could have been doled out to the community for the upliftment. Despite the argument of Ms Jaisingh not to stay the process of admission, scheduled for completion by September 30, the court asked the state to file its reply by coming Friday, the next date of hearing.

Senior counsel Harish Salve appearing for the petitioners argued that, “The community is not entitled to such reservation”.

10 sects left out

Mr Salve also pointed out to the court that the commission left out 10 sects like Pathan, Irani, Sayed and Moughals, and ruled that all other Muslims were backward.

The sects among the Muslim community that were excluded from the backward classes list existed in the state in minuscule percentage, he said.

The petition filed by T Murlidhar Rao and K Sriteja has challenged the high court order declining to stay the ordinance issued by the state government on July 6, 2007, under which, it provided four per cent reservations to several sub sects within the Muslim community by treating them as backward classes.