Hyderabad : The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad and all the District Collectors in the State of Telangana are informed that in the reference cited, Syed Amin ul Hasan Jafri, while enclosing a copy of the G.O.Ms.No.23, BCW (C2) Dept., Dt.07.07.2007, has informed that the said GO relates to the inclusion of Socially and Educationally Backward Classes of Muslims as category “E” in the list of Backward Classes. This list consists of 15 serial nos.
The entry at Sl.No.15 is as follows: –
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.
He further informed that entry at Sl.No.15 in the BC “E” List has been omitted due to some oversight, in GO.Ms.3, BC Welfare (OP) Department, dated 14.08.2014, issued by the BC Welfare department, Telangana, and the subsequently in GO.Ms.No.16, BC Welfare (OP) Department, dated 11.03.2015, issued by BC Welfare Department, Government of Telangana. Due to this omission, the BC “E” list in these two GOs is incomplete, leading to confusion. Right now, the enumeration of BC voters is underway in GHMC and other municipal bodies, where elections are due, and the booth level officers are finding it difficult to do the marking of backward class voters among Muslims. He has therefore, requested to issue a clarification regarding the Sl.No.15 of BC E List that says: Other Muslim Groups, excluding Syed, Pathan, Moghal, Irani, Arab etc.”
In this connection, it is informed that in the G.O.Ms.No.23, BCW(C2) Dept., Dt.07.07.2007, for the purpose 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 Act, 2007 (Act No. 26 of 2007), the following classes of Muslims residing in the undivided State of Andhra Pradesh (Other than Dudekula, Laddaf, Pinjari/Noorbash and Mehtar) as specified below and as identified and recommended by the Andhra Pradesh Commission for Backward Classes, as socially and educationally Backward Classes of Muslims were included in the list of Backward Classes under separate Group “E”, which is in addition to the existing “A”, “B”, “C” and “D” Groups and provided 4% reservation:-
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, Chakki takanevale, Terugadu Gontalavaru, Thirugatigantla, Rollaku Kakku Kottevaru, Pattar Phodulu, Chakketakare, Thuraka Kasha
- 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.
- Further, it is informed that WP.Nos.15267, 15268, 15269, 12570, 15330, 17086, 17679, 18494, 25852 of 2007, were filed in the High Court against A.P. Act No. 26 of 2007 and consequential G.O.Ms.No.23 BC Welfare (C2) Department dt.07.07.2007.
The High Court in its Orders on 08.02.2010 quashed the A.P. Act No. 26 of 2007 and consequential G.O.Ms.No.23 BC Welfare (C2) Department dt.07.07.2007. Further, the Appeal (Civil) No.2628-2637 of 2007 was filed in the Supreme Court of India against the judgment and the Supreme Court of India in its interim orders dated.25.03.2010 made the following order:-
“the decision of the Full Bench of the High Court of AP is challenged before us. Heard learned Attorney General for India and also Harish Salva, learned senior counsel for the respondents. The Act passed by the AP Legislature giving 4% reservation to Group “E” of the Backward Classes was challenged before the High Court and the same was struck down by the High Court on various counts.
As several constitutional issues are involved in these appeals, as an interim measure, we direct that for the time being, reservation of 4% be extended first to the 14 categories mentioned in the schedule appended to the Act (The Andhra Pradesh Reservation in favour of socially and educationally Backward Classes of Muslims Act 2007) (Act No.26 of 2007), excluding creamy layer. This is a temporary measure till the matter is finally decided. These matters are referred to the Constitution Bench to be listed in the 2nd week of August, 2010 along with CA.No.7513/2005 for appropriate directions”.
- Accordingly, in the G.O.Ms.No.3, BCW (OP) Dept., Dt.14.08.2014 read with G.O.Ms.No.16, BCW (OP) Dept., Dt.11.03.2015 and G.O.Ms.No.34, BCW (OP) Dept., Dt.08.10.2015, only first to fourteen categories mentioned in the schedule appended to the Act (The Andhra Pradesh Reservation in favour of socially and educationally Backward Classes of Muslims Act 2007) (Act No.26 of 2007) and G.O.Ms.No.23, BCW C2) Dept., Dt.07.07.2007, excluding creamy layer were listed in the list of Backward Classes for the State of Telangana under BC-E Group with a entry of “subject to outcome of Civil Appeal Nos.2628-2637/2010 etc., pending before the Supreme Court”.
6. Therefore, the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad/all the District Collectors are requested to take into consideration the first fourteen categories under Group “E” that are mentioned in G.O.Ms.No.34, BCW (OP) Dept., Dt.08.10.2015, where the updated list of Backward Classes in the State of Telangana is given.