The Union government on Saturday filed an appeal raising serious concerns over a judgment passed by the Andhra Pradesh high court last month quashing 4.5% sub quota for minorities from the 27% allocation made for OBCs.
A vacation bench of Justices KS Radhakrishnan and Jagdish Singh Khehar will hear the plea on Monday.
A veteran law officer associated with the Union government confirmed that a special leave petition was filed on Saturday evening but he refused to part a copy of it. The government has sought stay of the high court judgment saying that the verdict was passed on a wrong premise that the reservation had been made for a particular community, which isn’t a fact as all minority communities, irrespective of their religions and beliefs, have been given the benefit of Articles 15(1) and 16(2) of the Constitution.
It is also learnt that the government has asserted that on three occasions, the HC has scrapped the quota.
Earlier this month, law minister Salman Khurshid had hinted that the government would make a plea for a finality on the entire reservation policy so that both states and the Union could apply the quota law for the optimum benefit of the most deprived and backward sections of the society.