Shillong, Feb 18: The Expert Committee on State Reservation Policy has declined to recommend any inclusion of Muslim community under Other Backward Communities (OBC) category, rejecting a proposal submitted by Religious Minority Committee in this regard.
The Religious Minority Committee had urged the expert committee to recognise Muslim community members as OBCs on the grounds of socio-economic backwardness in Meghalaya and accommodate them within the existing 15 per cent allocation for General category.
Rejecting the proposal the Expert Committee cited constitutional safeguards, stating that Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth while Article 14 which guarantees equality before the law.
The panel highlighted that while the Constitution permits reservations for backward classes, religion by itself is not a qualifying criterion.
Citing Clause (4) of Article 16, which allows reservation in public employment for “any backward class of citizens” not adequately represented in State services, the Committee noted that the framers of the Constitution deliberately excluded religion from this provision.
It further pointed out that Articles 341 and 342, dealing with the identification of Scheduled Castes and Scheduled Tribes, also do not rely on religion as a basis for classification.
The Committee acknowledged that certain states have granted limited reservation to Muslim OBCs. However, it observed that the issue is currently under adjudication before the Supreme Court, making it sub-judice and inappropriate for comment or recommendation at this stage.
While representations highlighted socio-economic challenges faced by sections within the Muslim community, the Expert Committee stated that no sufficient empirical evidence or compelling justification was presented to warrant the creation of a separate quota.
It also emphasised that minority status alone does not meet the constitutional criteria for reservation under Article 16(4).
In view of these factors, the Committee concluded that reservations cannot be extended solely on the basis of religion or minority status and refrained from recommending the inclusion sought by the Religious Minority Committee.
