The Supreme Court questioned a PIL seeking 10% OBC quota for Pasmanda Muslims, asking for data on other backward Muslim communities. The Bench said reservation cannot ignore other poor Muslims and sought detailed statistics before proceeding.
The Supreme Court on Monday sought detailed data on backward communities within the Muslim population while hearing a Public Interest Litigation (PIL) seeking reservation benefits for ‘Pasmanda Muslims’ under the Other Backward Classes (OBC) category.
A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi raised key constitutional and statistical concerns about the demand for a separate quota. The petition, filed by Mohd Waseem Saifi, seeks a 10 per cent reservation for Pasmanda Muslims by sub-categorising the OBC list based on the recommendations of the Ranganath Misra Commission.
During the hearing, the Bench questioned whether Pasmanda Muslims are the only backward group among Muslims and asked the petitioner’s counsel to place proper data on record.
“What about the other Muslim OBCs? The OBC is not only a social status factor, but an economic factor is also there,”
the Bench asked senior advocate Anjana Prakash, who appeared for the petitioner.
The Court made it clear that reservation under the OBC category cannot be examined only from a social angle. Economic conditions and overall backwardness of different communities must also be considered before carving out a sub-category within OBCs.
The Bench further observed that it must carefully evaluate whether Pasmanda Muslims alone qualify as statistically proven backward classes compared to other Muslim groups.
“At the cost of other poor muslims, you only want to promote Pasmandas…. Where is the homework on how many total muslims are backward,”
the Chief Justice remarked during the proceedings.
The Court’s observations indicate that any move to create a separate quota within OBCs must be supported by comprehensive data, proper classification, and constitutional justification. The judges signalled that without statistical backing, such demands may not withstand judicial scrutiny.
At the beginning of the hearing, senior advocate Anjana Prakash requested the Bench to tag this PIL with another pending matter before the Supreme Court. That case concerns whether Muslims in Andhra Pradesh can be granted four per cent reservation under the category of socially and educationally backward classes.
The Andhra Pradesh issue has a long legal history. In 2005, the State enacted the Andhra Pradesh Reservation of Seats in Educational Institutions and of Appointments/Posts in Public Services under the State to Muslim Community Act, 2005. However, the Andhra Pradesh High Court struck down the law the same year.
The State government later challenged the High Court’s decision before the Supreme Court. That appeal is currently being heard by a Constitution Bench, which is examining the legality and constitutional validity of religion-linked reservation in the context of backward classes.
During Monday’s hearing, Prakash submitted that Pasmanda Muslims are economically and socially weaker sections within the Muslim community and therefore deserve specific reservation benefits under the OBC category. She told the Court that she would file a detailed note addressing the queries raised by the Bench.
Accepting her request for time, the Supreme Court ordered that the matter be relisted after four weeks.
The case raises important constitutional questions regarding sub-categorisation within OBCs, data-based classification, and whether reservation benefits can be structured for specific groups within a religious community without violating equality principles under Articles 14, 15, and 16 of the Constitution of India.
The outcome of the case could have a significant impact on reservation policies, minority rights, and the broader debate on social and educational backwardness in India.
Case Title:
Mohd. Waseem Saifi v. Union of India & Ors
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