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Saturday, June 23, 2012

Clarification on B.C-E Reservation

In view of the above, it is clarified that said judgment of Hon’ble High Court of Andhra Pradesh, Dated: 28-05-2012 doesn’t affect the 4% reservations provided to certain Socially and Educationally Backward Classes of Muslims under BC – E category under the Govt. of Andhra Pradesh as this is a separate case.

In this context, it is further informed that the issue of 4% reservations provided to certain Socially and Educationally Backward Classes of Muslims under BC – E category under the Govt. of Andhra Pradesh is subjudice in the Hon’ble Supreme Court of India. Since the Hon’ble Supreme Court of India in its interim orders, dated:25-03-2010 has held that for the time being, 4% reservations provided to certain Socially and Educationally Backward Classes of Muslims be extended to the first 14 categories, the said 4% under BC – E category under the Govt. of Andhra Pradesh can
continue until the delivery of final judgment by the Hon’ble Supreme court of India.


Therefore, the fourteen (14) Socially and Educationally Backward Classes of Muslims listed under BC – E can continue to avail of the 4% reservations in Educational Institutions and Civil Posts under the Govt. of Andhra Pradesh and all the Departments, Recruiting agencies, Universities, Educational Institutions etc., under the Govt. of Andhra Pradesh shall extend the benefit until the delivery of final judgment by the Hon’ble Supreme court of India

Monday, June 11, 2012

Clarification on B.C-E Reservation

GOVERNMENT OF ANDHRA PRADESH
BACKWARD CLASSES WELFARE DEPARTMENT

From To
Syed Omer Jaleel, I.A.S., The Secretary,
Director of BC Welfare, AP Public Service Commission,
Hyderabad

A.P., Hyderabad. All the Heads of the Departments,
The District Collectors,
The Registrars of Universities and
The Dist. BC Welfare Officers in the
State.
Rc.No. 8267/E/2011, Date: 04-06-2012
Sir / Madam,

SUB : BCWD – Reservations for Muslims – Setting aside of 4.5% sub quota
provided to the Minorities in Civil Posts and Services under Government of
India within the 27% quota earmarked for Other Backward Classes by the
Hon’ble High Court of Andhra Pradesh on 28-05-2012 – Issue of certain
clarification with regard to its impact on 4% reservations provided
to certain Socially and Educationally Backward Classes of Muslims by the
Govt. of Andhra Pradesh under BC – E category – Regarding.

REF : 1. Office Memorandum No. 41018/2/2011 - Estt. (Res.), Dt. 22-12-2012
Ministry of Personnel, Public Grievances and Pensions, Department of
Personnel and Training, Government of India.
2. Judgment of Hon’ble High Court of Andhra Pradesh on 28-05-2012 on
provision of 4.5% quota for Minorities within the 27% quota earmarked
for Other Backward Classes under Government of India.
3. G.O.Ms.No.23, BC Welfare (C2) Department, Dt. 07.07.2007.

@ @ @
I invite kind attention to the subject and references cited.
It is to inform that the Govt. of India have issued orders vide its Office
Memorandum No. 41018/2/2011 - Estt. (Res.), Dt. 22-12-2011, Ministry of Personnel,
Public Grievances and Pensions, Department of Personnel and Training providing 4.5%
sub – quota for the Minorities in Civil Posts and Services under the Govt. of India
within the 27% quota earmarked for Other Backward Classes.
However, the said Office Memorandum has been challenged in a batch of Writ
Petitions before the Hon’ble High Court of Andhra Pradesh by Sri R. Krishnaiah,
President of AP Backward Classes Welfare Association and others.
The Hon’ble High Court of Andhra Pradesh in its judgment delivered on 28-05-
2012 has set aside the said Office Memorandum issued by the Govt. of India providing
4.5% sub – quota for the Minorities in Civil Posts and Services under the Govt. of India
within the 27% quota earmarked for Other Backward Classes.
:: 2 ::
As a result of the above judgment of the Hon’ble High Court of Andhra Pradesh,
Dated: 28-05-2012, the 4.5% sub quota provided to the Minorities including Muslims
within the 27% quota earmarked for Other Backward Classes under Govt. of India has
been struck down. Here, it may be noted that the judgment relates only to the
reservations provided to the Minorities including Muslims under Govt. of
India.But, the said judgment Hon’ble High Court of Andhra Pradesh, Dated: 28-05-
2012 doesn’t have any bearing on 4% reservations provided to certain Socially
and Educationally Backward Classes of Muslims under the Govt. of Andhra Pradesh vide
G.O.Ms.No.23, BC Welfare (C2) Dept., Dt. 7.7.2007 under BC – E category. These
reservations under BC – E category under the Govt. of Andhra Pradesh will continue as
they are as per the interim orders of the Hon’ble Supreme Court of India, dated:
25-03-2010 and they are subject to the final orders of the Hon’ble Supreme Court of
India to be delivered in the matter.

However, in view of the said judgment of Hon’ble High Court of Andhra Pradesh,
Dated: 28-05-2012, there is slight confusion regarding its impact on 4%
reservations provided to certain Socially and Educationally Backward Classes of Muslims
under the Govt. of Andhra Pradesh under BC – E category. Further, some complaints are
also being received in this regard that the Departments, Recruiting agencies,
Universities, Educational Institutions etc., under the Govt. of Andhra Pradesh are not
extending the benefit of 4% reservations provided to certain Socially and Educationally
Backward Classes of Muslims under BC – E category.

In view of the above, it is clarified that said judgment of Hon’ble High
Court of Andhra Pradesh, Dated: 28-05-2012 doesn’t affect the 4%
reservations provided to certain Socially and Educationally Backward
Classes of Muslims under BC – E category under the Govt. of Andhra
Pradesh as this is a separate case.

In this context, it is further informed that the issue of 4% reservations
provided to certain Socially and Educationally Backward Classes of Muslims under BC – E
category under the Govt. of Andhra Pradesh is subjudice in the Hon’ble Supreme Court
of India.

Since the Hon’ble Supreme Court of India in its interim orders, dated:
25-03-2010 has held that for the time being, 4% reservations provided to certain
Socially and Educationally Backward Classes of Muslims be extended to the first 14
categories, the said 4% under BC – E category under the Govt. of Andhra Pradesh can
continue until the delivery of final judgment by the Hon’ble Supreme court of
India.

:: 3 ::
Therefore, the fourteen (14) Socially and Educationally Backward Classes of
Muslims listed under BC – E can continue to avail of the 4% reservations in
Educational Institutions and Civil Posts under the Govt. of Andhra Pradesh and
all the Departments, Recruiting agencies, Universities, Educational Institutions etc.,
under the Govt. of Andhra Pradesh shall extend the benefit until the delivery of final
judgment by the Hon’ble Supreme court of India.

Yours faithfully,

Sd/- Syed Omer Jaleel
DIRECTOR OF BC WELFARE

Sd/- D. Chandra Sekhar Raju
For DIRECTOR OF BC WELFARE

Copy submitted to the Prl. Secretary to Government, BC Welfare Department,
AP Secretariat, Hyderabad for favour of information.

Sunday, October 2, 2011

Backward class BC-E Government order

Backward class BC-E Government order

GOVERNMENT OF ANDHRA PRADESH

BACKWARD CLASSES WELFARE DEPARTMENT

( C2 )


Inclusion of socially and educationally backward classes of Muslims as category “E” in the list of Backward Classes, in addition to the existing A, B, C, D Categories.

[G.O.Ms.No. 23,Backward Classes Welfare(C2) ,7th July,2007]



1) Whereas, the existing list of socially and educationally backward classes and various concessions in regard to reservations in services and educational institutions were set out in G.O.Ms.No. 1793 Education Department dt.23-9-1970 based on the report of the Andhra Pradesh Commission for Backward Classes.


2) And whereas in their report dated 2-7-2007 the Andhra Pradesh Commission for Backward Classes recommended that specific classes of Muslims are to be treated as socially and educationally backward classes of citizens and that a fifth group titled Socially and Educationally Backward Classes of Muslims under the Head of “E”, be created in the Backward Classes list for providing to them reservations in admission into educational institutions and in appointments to posts and vacancies in the services of the State for the purpose of Articles 15 (4) and 16 (4) of the Constitution of India excluding the creamy layer.


3) And whereas, the AP Commission for Backward Classes further recommended for providing 4% reservation to the Socially and Educationally Backward Classes of Muslims.


4) And whereas the Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance 2007 was promulgated to provide Four percent reservation to identified Socially and Educationally Backward Classes of Muslims for admissions in seats in educational institutions and for appointments or posts in the public services under the State excluding creamy layer amongst them.


5) And whereas, orders were issued in G.O.Ms.No.3, Backward Classes Welfare Department, dated: 4-4-2006 to adopt all the criteria to determine the creamy layer among Backward Classes, as fixed by the Government of India, except the annual income limit which is fixed at Rs. 4.00 lakh per annum in the State.


6) Now, therefore, for the purposes of Articles 15(4) and 16(4) of the Constitution of India and in exercise of the powers conferred under Section 7 of the Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Ordinance, 2007, the Governor of Andhra Pradesh, hereby, notify the following classes of Muslims residing in the State (Other than Dudekula, Laddaf, Pinjari/Noorbash and Mehtar ) as specified below, and as identified by the A.P. Commission for Backward Classes as Socially and Educationally backward classes and include them in the list of Backward Classes under separate Category “E” ( which shall be in addition to the existing “A”, “B”, “C” and “D” Categories ).



1) Achchukattalavandlu, Singali, Singamvallu, Achchupanivallu,Achchukattuvaru, Achukatlavandlu,

2) Attar Saibulu, Attarollu

3) Dhobi Muslim / Muslim Dhobi / Dhobi Musalman, Turka Chakla or Turka Sakala, Turaka Chakali,

Tulukka Vannan, Tsakalas, Sakalas or Chakalas, Muslim Rajakas

4) Faqir, Fhakir Budbudki, Ghanti Fhakir, Ghanta Fhakirlu, Turaka Budbudki, Darvesh, Fakeer

5) Garadi Muslim, Garadi Saibulu, Pamulavallu, Kani-kattuvallu, Garadollu, Garadiga

6) Gosangi Muslim, Phakeer Sayebulu

7) Guddi Eluguvallu, Elugu Bantuvallu, Musalman Keelu Gurralavallu

8) Hajam, Nai, Nai Muslim, Navid

9) Labbi, Labbai, Labbon, Labba

10) Pakeerla, Borewale, Deera Phakirlu, Bonthala

11) Qureshi, Kureshi / Khureshi, Khasab, Marati Khasab, Muslim Katika, Khatik Muslim

12) Shaik / Sheikh

13 ) Siddi, Yaba, Habshi, Jasi

14) Turaka Kasha, Kakkukotte Zinka Saibulu, Chakkitakanevale, Terugadu Gontalavaru, Thirugatigantla,

Rollaku Kakku Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasha.

15) Other Muslim groups excluding

Syed, Saiyed, Sayyad, Mushaik;

Mughal, Moghal;

Pathans;

Irani;

Arab;

Bohara, Bohra;

Shia Imami Ismaili, Khoja;

Cutchi-Memon;

Jamayat;

Navayat,

and all the synonyms and sub-groups of the excluded groups;

and except those who have been already included in the State List of Backward Classes.



7) All the concerned Departments are requested to make necessary amendments to the orders, rules and regulations in this

regard.



AMITABHA BHATTACHARYA

PRINCIPAL SECRETARY TO GOVERNMENT
                                                   A.P. State Information Commission
                                                  (Under Right to Information Act, 2005)
                                                        Ground Floor, HACA Bhavan,
                                                 Opp. Public Gardens, Hyderabad – 04.
                                             Ph.Nos. 23230245 / 46 (O), 23230592 (Fax)
                                           Appeal No. 9801/IC-DR/2008, dt. 02-02-2010

Name of the Appellant : Sri Sultan Bamahdi,
H.No. 9-4-2,
Cyber World Internet Café,
Khilla Road,
Nizamabad – 503 001

Name of the Public Authority :1. Public Information Officer,
O/o. District Revenue Officer,
Collectorate Compound,
Nizamabad District.

2. Appellate Authority,
O/o. District Revenue Officer,
Collectorate Compound,
Nizamabad District.

ORDER

1. Sri Sultan Bamahdi, resident of Cyber World Internet Cafe, Khilla Road,
Nizamabad has filed an appeal dt. 12-02-2008 which was received by the
Commission on 18-12-2008.
2. The applicant has filed an application dt. 29-10-2008 to the Public
Information Officer/District Revenue Officer, Nizamabad requesting to supply of
copy of the Wakf Board Gazette Notification No. NZB/2324, 24 A, dt. 31-10-2002
relating to Masjid in side District Collectorate premises and also information on
other 7 items.
3. As he has not received any information from the Public Information
Officer, the applicant has filed 1
the District Collector requesting to direct the Public Information Officer to
provide the information.
4. In response to the appeal, the Appellate Authority has furnished the
information to the Appellant on 05-12-2008.
5. Stating that the authorities furnished incomplete information, the
Appellant filed the appeal to the Commission requesting to direct the public
authorities to provide the full information.
6. After examining the matter Commission issued notices to the parties
concerned. The Case called on 20-02-2009. The Appellant was called absent.
From the respondents the Public Information Officer of DRO, Nizamabad
attended.
7. Out of nine points raised in the primary application filed on 29-10-2008,
the Public Information Officer informed the Commission that he furnished
information for 1 and 2 points within the time on 19-11-2008 then said for
points 3 to 9, he informed the Commission that neither there is information nor
any records available with the public authorities. The Public Information Officer
has also informed the Commission that the 1
28-11-2008, was disposed by the 1
8. In view of the above, the appeal is closed.

R.Dileep Reddy,

State Information Commissioner.
\\Authenticated by\\
(J.Srinivasulu Reddy)
Assistant Registrar
st appeal dt. 28-11-2008 u/s 19 (1) of the Act, tost appeal, which has been filed onst Appellate Authority on 05-12-2008.
                                  COMMITTEE FOR RESTITUTION OF COLLECTORATE MASJID
                                                                        NIZAMABAD

                                                                      MEMORANDUM
To,
                                                                                                                              Dated: 24-11-2008
The Chief Executive Officer
Andhra Pradesh State Wakf Board
At Hyderabad

Sir,

Sub:- Wakfs- Nizamabad – Request for immediate necessary action on warpath basis for Restitution of the Masjid inside Collectorate and make it operational – Regarding

Ref:- A.P. State Wakf Board Gazette Notification No. 44-A dated: 31-10-2002

Whereas a Masjid does exist inside the Collectorate premises Nizamabad under Survey No. 610, extent (230) square yards, for more than a century which is a notified Wakf Property under the Gazette cited in the reference.(Copies of Gazette notification and a survey map enclosed for peruse)

Panic and anguish prevails among the Muslims of Nizamabad, since a multi-storied building has been raised over the Masjid by the Mutawali & District Collector Nizamabad setting aside the sanctity of holy place of worship. Further, inaction and criminal dereliction by the Board resulted in threat to the security of a precious Wakf property.

The Board is duty bound to protect this Masjid and it is high time to take immediate necessary action on war foot basis to restitute the Masjid and make it operational for conduct of daily prayers.

Hence it is requested to personally look into this hypersensitive issue and ensure that the Masjid is restituted and prayers are commenced regularly.

Any delay in initiating the action to restitute the Masjid would lead to democratic protests by means of holding rasta roko, gherao of Wakf officers including dharna at Wakf Board office.

However, an early action would be appreciated.

Yours truly,

Moulana Hyder Quasmi
President
Moulana Ahmed Abdul Azeem
General Secretary

Copy to:
1. The Honorable Chief Minister of Andhra Pradesh
2. The Honorable Minister for Minority Welfare Andhra Pradesh
3. The Collector & Custodian of Masjid, Nizamabad