PTI 

New Delhi, Jan 5: The Supreme Court on Wednesday declined to stay the Andhra Pradesh High Court judgement quashing an ordinance providing 5 per cent reservation for Muslims in government jobs and ordered status quo while referring the issue to a Constitution Bench.

"We are not inclined to stay the operation of the judgement and make it operational as it has invalidated the law," a Bench comprising Chief Justice Y K Sabharwal, Justice C K Thakker and Justice R V Raveenderan said in an interim order.

However, the Bench gave relief to those who have already availed the benefit of the quota directing the authorities to maintain status quo on the issue.

"We are of the view that status quo should continue to the extent that such persons who have been granted admission in the educational institution would continue with the course and not disturbed and likewise appointment, if any to public service is made, the same should not be disturbed," the Bench said.

Admitting a bunch of appeals, including from Andhra Pradesh government, against the High Court judgement, the apex court referred the matter to the Constitution Bench.

"Considering that essential question of public importance has been invited in the matter and the High Court had granted leave to the state to appraoch the apex court...We grant leave in all matters and direct the same to be placed before the Constitution Bench," the three-judge Bench said.

Senior advocate Fali S Nariman, appearing for the state government sought stay of the judgement which was opposed by senior advocate Harish Salve, who argued for the students on whose petition the High Court had quashed the Ordinance. Declining to stay the verdict, the Bench said if the operation of the judgement will be stayed it will mean that the law held to be unconstitutional will continue to operate till the Supreme Court decides.

Andhara Pradesh government had contended that the High Court did not consider Article 16 (4) of the Constitution while invalidating the Act but Salve drew the attention of the court to clause 3 of the Ordinance which refers to social and educational backwardness of Muslims residing in the State.

The court also perused the report of State Backward Classes Commission which formed the basis for quota policy.

The High Court had observed that the Commission gave 'defective advice' to the government and failed to evolve reasonable criteria to categorise Muslims as Backward Class.

The High Court had said the Commission did not do its job properly and failed to produce sufficient material to suggest that entire Muslim community was socially and educationally backward.

Nariman said if that was the case, the High Court should not have quashed the Ordinance and instead the report should have been sent back to the Commission.

Salve maintained that the High Court did the correct exercise but said that nobody had stopped the state from sending it to the Commission for re-examination.

The state has challenged the High Court verdict quashing the Ordinance for providing reservations under Article 15 (4) and Article 16 (4) of the Constitution.