*THE HON'BLE CHIEF JUSTICE SHRI ANIL R. DAVE THE HON'BLE SMT. JUSTICE T.MEENA KUMARI THE HON'BLE SHRI JUSTICE B. PRAKASH RAO THE HON'BLE SHRI JUSTICE D.S.R. VARMA THE HON'BLE SHRI JUSTICE A. GOPAL REDDY THE HON'BLE SHRI JUSTICE V. ESWARAIAH AND THE HON'BLE SHRI JUSTICE GODA RAGHURAM +Writ petitions Nos. 15267, 15268, 15269, 15270, 15330, 16562, 17086, 18494, 25852 of 2007 and 17679 of 2008 %08-02-2010 #1. T Muralidhar Rao and others ...PETITIONERS VERSUS $ 1) The State of Andhra Pradesh, rep. By its Secretary, Legislative Affairs and Justice, Law Department, Secretariat , Hyderabad and others. ...RESPONDENT < GIST: > HEAD NOTE: !Counsel for Petitioners: Sri K Ramakrishna Reddy Sri S Sriram Sri P Subhash Sri D Prakash Reddy Sri Andapalli Sanjeev Kumar Sri V V Anil Kumar Sri K S Murthy Party-in-person Sri G Vidyasagar ^Counsel for Respondents: Advocate General Sri S Satyanarayana Prasad Sri G Elisha Sri K Balagopal Sri Rahel Ahmed Sri Mir Wajid Ali Kamil Sri S M Subhan Sri Syed Mahmoodal Hasan Hashmi, (Party-in-person) Sri M Pitchaiah Sri Ravulapati Srinivasa Rao Sri C Sudesh Anand M/s. Indus Law Firm Sri D V Nagarjuna Babu Standing Counsel for Nagarjuna University ? Cases referred 1. AIR 1963 SC 649 2. AIR 1968 SC 1379 3. (1972) 1 SCC 660 4. 1992 Supp. (3) SCC 217 5. 2004 (6) ALD 1 = 2004 (5) ALT 634 6. 2005 (6) ALD 582 7. (2008) 6 SCC 1 8. (2003) 11 SCC 146 9. AIR 1958 SC 538 10. AIR 1967 SC 1643 11. (1973) 4 SCC 225 12. (2007) 2 SCC 1 13. (2007) 3 SCC 184 14. (1994) 3 SCC 1 15. (2008) 3 SCC 1 16. AIR 1968 SC 1379 17. (2005) 1 SCC 394 18. (2006) 8 SCC 212 19. (1990) 3 SCC 223 20. AIR 1960 SC 430 21. AIR 1951 SC 226 22. 1975 (2) SCR 761 = AIR 1975 SC 563 23. (1971) 1 SCC 38 24. (1973) 1 SCC 420 25. 57 L Ed 2d 750 = 438 US 265 (1978) 26. Judgment dated 04.8.2009 delivered in SLP (C) No.24327 of 2005 (SB Sinha & Cyriac Joseph, JJ) 27. (1980) 2 SCC 768 28. AIR 1955 SC 549 29. AIR 1967 SC 266 30. AIR 1966 SC 1942 31. (1976) 2 SCC 521 32. (1982) 1 SCC 39 33. (2008) 7 SCC 117 34. AIR 1960 SC 1208 (para 9) 35. AIR 1969 SC 1 (para 4) 36. 1994 Supp. (1) SCC 324 (para 137) 37. 2005(6) ALD 582 (LB) 38. 1992 Supp.(3) SCC 217 39. 2004(6) ALD 1 40. 2007(4)SCC 1 41. (1973) 4 SCC 225 42. AIR 1951 SC 226 43. AIR 1958 SC 731 44. (1984) 3 SCC 654 45. (1986) 2 SCC 249 46. (1976) 2 SCC 310 47. (1993) 1 SCC 645 48. AIR 1968 SC 1379 49. (1972) 1 SCC 660 50. AIR 1963 SC 649 51. 1983 SC 130 52. (2003) 11 SCC 146 53. AIR 1987 AP 53 54. (1976) 3 SCC 730: (1977) 1 SCR 194 55. 1985 Supp SCC 714: 1985 Supp 1 SCR 352 56. (2008)6 SCC 1 57. 2008(6) SCC 1 58. AIR 1973 SC 930 59. (2008) 6 SCC 1 60. (1968) 3 SCR 595: AIR 1968 SC 1379 61. AIR 1973 SC 689 62. 2005(6)ALD 582 (LB) 63. [103] (1983) 2 AC 570 (CA) 64. [104] (2002) 2 SCC 333 = AIR 2002 SC 350 65. 2004 ALT (5) 634 66. 2005 (6) ALD 582 (5 J LB) 67. 2008 (3) SCC 243 68. 1981 Supp. SCC 38 69. 2006 (6) SCC 258 70. AIR 1987 A.P page 53 71. (2008) 6 SCC 1 72. 1996 (3) SCC 709 73. 1997(2)SCC 453 74. 2004(1) SCC 712 75. 1992 Suppl.(3) SCC 217 76. AIR 1967 SC 295) 77. AIR 1966 SC 497 78. 1981 Supple SCC 87 79. 2001 (5) SCC 175 80. 1973 (4) SCC 225 81. 1988 (3) SCC 609 82. 2005 (6) ALD 582 (LB) 83. (2008) 3 SCC 243 84. 1981 Supp. SCC 38 85. (2006) 6 SCC 258 86. 1992 Supp. (3) SCC 217 87. (2008) 6 SCC 1 88. (2006) 8 SCC 212 89. AIR 1958 SC 538 90. (2003) 11 SCC 146 91. 1968 2 SCR 786 92. 2004 (6) ALD 1 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE CHIEF JUSTICE SHRI ANIL R. DAVE THE HON'BLE SMT. JUSTICE T.MEENA KUMARI THE HON'BLE SHRI JUSTICE B. PRAKASH RAO THE HON'BLE SHRI JUSTICE D.S.R. VARMA THE HON'BLE SHRI JUSTICE A. GOPAL REDDY THE HON'BLE SHRI JUSTICE V. ESHWARAIAH AND THE HON'BLE SHRI JUSTICE GODA RAGHURAM Writ Petition Nos.15267, 15268, 15269, 15270, 15330, 16562, 17086, 18494, 25852 of 2007 and 17679 of 2008 Writ Petition No.15267 of 2007 Between: 1) T. Muralidhar Rao S/o. Ananthasain Rao, R/o. Esamiya Bazar, Hyderabad. 2) K. Sriteja, Minor Rep. by her natural mother K. Saisri R/o. A-38, Singapore Township , Uppal Mandal, R.R. District. ... PETITIONERS AND 1) The State of Andhra Pradesh, Rep. by its Secretary, Legislative Affairs and Justice, Law Department, Secretariat, Hyderabad. 2) The Principal Secretary, BC (Welfare) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 3) A.P. State Backward Classes Commission, Rep. by its Secretary, Chandra Vihar, Nampally, Hyderabad. 4) D. Manikya Vara Prasad Rao, MLA., S/o. late Deva Biksham, Tadikonda Constituency, Guntur District. (R4 is impleaded as per court order dt. 21-8-2007 in WPMP 19706 of 2007). 5) Habeebur Rahman S/o. Abdul Wajid, 12-2-59, Winchipet, Vijayawada (R5 is impleaded as per court order dt. 21-8-2007 in WPMP 22258 of 2007) 6) Jamiat-ulma-I-Hind, A.P. rep. by its General Secretary P.Khaleeq Ahmed Sabir S/o. Shabbir Ahmed, 2-2-185/55/E/3, Somasunder Nagar, Bagh Amberpet, Hyderabad. (R6 is impleaded as per court order dt. 21-8-2007 in WPMP 22750 of 2007) 7) Sulthan-ul-uloom, Educational society, rep. by its Joint Secretary, Mr. Nisar Ahmed, R/o 8-2-351, Road No:3, Banjarta Hills, Hyderabad. 8) Anjuman Taraqqi. Va Falah -e-urdu, a Social organization rep.by its president Habibeer Rahaman, D.No.29/37/58, Surya Rao Petitioner, Vijayawada, Krishna Dt. 9) Syed Mehmoodal Hasan Hashmi S/o Late Syed Mohmmed Akber Hashmi, 54 yrs, R/o 23-3-52, Sultan Shahi, Hyd. 10) Thota Rama Koteswara Rao, S/o late Koteswara Rao, 37 yrs, Advocate, R/o Nalla kunta, Hyd. 11) Dr.Sadiqua Anjum, D/o MD. Jahangheer, Ag:26 yrs, OCC: Student, R/o H.No.19-3-1077/A/27, Sarfarojzung colony, Falaknama,Hyd. 12) Dr. Kausar Asra, D/O MD.Sajjad Hussain, ag:41 yrs, R/o H.No.9-4-87/b/37, Minar Colony, Towli chowky, Hyd. 13) Dr.Farra Jabeen, D/o M.A Hakeem, Ag:25 yrs, R/o H.No. 9-4-87/c/6, Behind Moghal residency, Towli Chowky, HYD. 14) Dr.Asif Haneef, S/o Md. Anif, Ag: 27 yrs ,R/o Hyderabad. 15) Dr. Sk. Nurjahan D/o S.k.m. Suhani,AG: 25 yrs R/o H.NO:7-6-8/1, Cheruvu bazaar, Khammam. 16) Dr. Abdul Sattar, S/o Md.Umar, Ag:35 yrs, R/o Station Center, Kondapalli, Krishna Dt. 17) Dr. Mohd. Obedulla Quadri, S/o Md. Jafar Hussaini,Ag : 26 yrs, R/o Plot No:15 Shikara Enclave, Vaisalinagar, Champapet, Hyd. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ, or order or direction one in the nature of Writ of Mandamus i) declaring the A.P. Act No. 26 of 2007 and consequential G.O.Ms.No. 23 BC Welfare (C2) Department dt. 7-7-2007 as unconstitutional void and inoperative, ii) G.O.Ms.No. 3, Backward Classes Welfare Department dt. 4-4-2006 of respondent No.2 may be declared as arbitrary, illegal, void and inoperative, iii) a direction may be issued to respondents 2 & 3 to remove creamy layer by fixing criteria and revision may be carried as per Section 11 of A.P. Commission for Backward Classes Act, 1993, iv) costs be awarded to the petitioners, and pass such other order or orders appropriate in the circumstances of the case. Counsel for the petitioner : Shri K. Ramakrishna Reddi, Senior Advocate, assisted by Shri B.Mahender Reddy Counsel for respondent Nos.1 & 2 : Advocate General, Counsel for respondent No.3 : Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari. Counsel for respondent No.4 : Shri G. Elisha Counsel for respondent No.5 : Shri K. Balagopal Counsel for respondent No.6 : Shri Rahel Ahmed Counsel for respondent No.7 : Shri Mir Wajid Ali Kamil Counsel for respondent No.8 : Shri S.M. Subhan Counsel for respondent No.9 : Shri Syed Mahmoodal Hasan Hashmi, Party-in-person Counsel for respondent No.10 : Shri M. Pitchaiah Counsel for respondent Nos.11 to 17 : Shri Ravulapati Srinivasa Rao. Writ Petition No.15268 of 2007 Between: G.Pavanakrishnasujith S/o.G.L.N.Sastry, R/o.6-6-442/2, Plot No.17C Gandhinagar, Secunderabad ... PETITIONER AND 1) State of Andhra Pradesh, rep. by its secretary Legislative Affairs and Justice Law Department, secretariat, Hyderabad. 2) The State of Andhra Pradesh, rep. by its Secretary Backward Classes Welfare (C2) Department, Secretariat, Hyderabad. 3) The Andhra Pradesh Commission for Backward Classess rep.by its Member secretary, 8th floor, Chandra Vihar, M.J.Road, Hyderabad. 4) The Convenor, ICET-2007(Admissions), C/o. AP State council of Higher Education, Mahavir Marg, Hyderabad. 5) Jamait-Ulma-Hind, A.P. Rep. by its General Secretary, Mr.P. Khaleeq Ahmed Sahir, S/o. Mr.P. Shabbir Ahmed, Age: 32 years, Bagh Amberpet, Hyderabad – 13. 6) Jamait – C-Ulama – C – Hind, Rayalaseema Zone, rep. by its Managing Trustee, Hamid Hussain S/o. N.E. Shareef, 46 years, H.No.1-2-336, H.B. Colony, Kadapa – 516 004. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the A.P. Act No. 26 of 2007 issued by the 1st respondent accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dated 17.4.2007 and the consequential G.O.Ms. No. 23 dated 7.7.2007 issued by the 2nd respondent as unconstitutional offending Articles 14, 15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned Act 26 of 2007 and consequential G.O.Ms.No.23 dated 7.7.2007. Counsel for the petitioner : Shri S. Sriram Counsel for respondent Nos1 & 2: Advocate General Counsel for respondent No.3 : Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari. Counsel for respondent No.4 : Shri C. Sudesh Anand Counsel for respondent No.5 : Shri Rahel Ahmed Counsel for respondent No.6 : M/s.Indus Law Firm Writ Petition No.15269 of 2007 Between: D. Karunakar S/o Late Sri Manikyam, R/o 13-6-457/77, Gayathrinagar, Shiv Bagh, Karvan, Hyderabad. ... PETITIONER AND 1) State of Andhra Pradesh repby its Secretary Legislative Affairs, and Justice, Law Department, Secretariat, Hyderabad. 2) The State of Andhra Pradesh, rep by its Secretary, Backward Classes Welfare (C2) Department, Secretariat, Hyderabad. 3) The Andhra Pradesh Commission for Backward Classes rep by Member Secretary, 8th Floor, Chandra Vihar, MJ Road, Hyderabad. 4) Jamait – C-Ulama – C – Hind, Rayalaseema Zone, rep. by its Managing Trustee, Hamid Hussain S/o. N.E. Shareef, 46 years, H.No.1-2-336, H.B. Colony, Kadapa – 516 004. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the A.P. Act No.26 of 2007 issued by the 1st respondent accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dt 17-4-2007 and the consequential G.O.Ms. No. 23 dated 7-7-2007 issued by the 2nd respondent, as unconstitutional, offending Articles 14, 15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned A.P. Act No.26 of 2007 and consequential G.O.Ms.No. 23, dated 7-7-2007. Counsel for the petitioner : Shri P. Subhash Counsel for respondent Nos.1 & 2: Advocate General Counsel for respondent No.3 : Sri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari. Counsel for respondent No.4 : M/s.Indus Law Firm Writ Petition No.15270 of 2007 Between: R.Venu Kumar S/o.Tirupathi, R/o.8-4-370/205, Rajnagar, Borabanda, Hyderabad. ... PETITIONER AND 1) State of Andhra Pradesh, rep. by its SEcretary Legislative Affairs and Justice, Law Department, Secretariat, Hyderabad. 2) The State of Andhra Pradesh, rep. by its SEcretary Backward Classes Welfare (C2) Department, Secretariat, Hyderabad. 3) The Andhra Pradesh Commission for Backward Classes, rep. by its Member Secretary, 8th floor, Chandra Vihar, M.J. Road, Hyderabad. 4) NTR University of Health Sciences, rep. by its Registrar, Vijayawada. 5) Jamait – C-Ulama – C – Hind, Rayalaseema Zone, rep. by its Managing Trustee, Hamid Hussain S/o. N.E. Shareef, 46 years, H.No.1-2-336, H.B. Colony, Kadapa – 516 004. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the A.P. Act No.26 of 2007 issued by the 1st respondent accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dt. 17.4.2007 and the consequential G.O.Ms.No.23, dated 7.7.2007 issued by the 2nd respondent, as unconstitutional, offending Articles 14, 15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned Ordinance A.P. Act No.26 of 2007 and consequential G.O.Ms.No.23, dated 7.7.2007. Counsel for the petitioner : Shri D. Prakash Reddy, Senior Advocate, assisted by Shri P. Radhive Reddy Counsel for respondent Nos.1 & 2: Advocate General Counsel for respondent No.3 : Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari. Counsel for respondent No.4 : Shri D.V. Nagarjuna Babu Counsel for respondent No.5 : M/s.Indus Law Firm. Writ Petition No.15330 of 2007 Between: M.Prathyusha Reddy D/o. M.Pratap Reddy, R/o.Quarter No.3, Type III, Balajinagar Telecom colony,Sangareddy, Medak District, rep.by its natural guardian and father M.Pratap Reddy, S/o.Durga Reddy. ... PETITIONER AND 1) State of Andhra Pradesh, rep. by its Secretary Legislative Affairs and Justice , Law Department, Secretariat,Hyderabad. 2) The State of Andhra Pradesh, rep. by its Secretary Backward Classes Welfare (C2) Department, Secretariat, Hyderabad. 3) The Andhra Pradesh Commission for Backward Classes rep. by its Member Secretary, 8th floor, Chandra Vihar, M.J.Road, Hyderabad. 4) The NTR University of Health Sciences, Vijayawada Krishna District, rep. by its Registrar. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the A.P. Act No.26 of 2007 issued by the 1st respondent accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dated 17.4.2007 and the consequential G.O.Ms.No.23 dated 7.7.2007 issued by the 2nd respondent as unconstitutional offending Articles 14,15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned A.P. Act No.26 of 2007 and consequential G.O.Ms.No.23 dated 7.7.2007. Counsel for the petitioner : Shri Andapalli Sanjeev Kumar Counsel for respondent Nos.1 & 2: Advocate General Counsel for respondent No.3 : Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari. Counsel for respondent No.4 : Shri D.V. Nagarjuna Babu Writ Petition No.16562 of 2007 Between: Mandava Rishitha D/o.Koteswara Rao, Rep. by her father and Natural Guardian Koteswara Rao, R/o.Penamuluru Post & Mandal, Krishna District. … PETITIONER AND 1) Registrar, Dr.NTR University of Health Sciences, Vijayawada. 2) Principal Secretary to Govt. (Health, Medical & Family Welfare (E1) Department, Govt. of Andhra Pradesh, Secretariat Buildings, Hyderabad. 3) Secretary to Govt. Youth Advancement, Tourism & Culture (Sports) Dept., Govt. of A.P., Secretariat Buildings, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the G.O.Ms.No. 231, Health, Medical and Family Welfare (E1) Department dt. 11.07.2007 issued by the 2nd respondent, as illegal arbitrary, without jurisdiction, contrary to Art. 15 of the Constitution of India and set aside the same. Counsel for the Petitioner: Shri V.V. Anil Kumar Counsel for Respondent No.1: Shri D.V. Nagarjuna Babu Counsel for Respondent Nos.2 & 3: Advocate General Writ Petition No.17086 of 2007 Between: B.Sravanthi D/o.Sushil kumar, R/o.1-29, Champapeta, Hyderabad ... PETITIONER AND 1) State of Andhra Pradesh, rep. by its Secretary legislative Affairs and Justice, Law Department, Secretariat,Hyderabad. 2) The State of AP., rep.by its Secretary, Backward classes Welfare(C2) Department, secretariat,Hyderabad. 3) The Andhra Pradesh Commission for Backward classes rep. by its Member Secretary, 8th Floor, Chandr Vihar, M.J.Road, Hyderabad. 4) The Convenor, LAWCET-2007(Admissions) C/o. Nagarjuna University, Guntur. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the A.P. Act No.26 of 2007 issued by the 1st respondent accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dated 17.4.2007 and the consequential G.O.Ms.No.23 dated 7.7.2007 issued by the 2nd respondent as unconstitutional offending Articles, 14,15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned A.P. Act No.26 of 2007 and consequential G.O.Ms.No.23 dated 7.7.2007. Counsel for the Petitioner: Shri K.S. Murthy Counsel for Respondent Nos.1 & 2: Advocate General Counsel for Respondent No.3: Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari Counsel for Respondent No.4: Standing Counsel for Nagarjuna University Writ Petition No.18494 of 2007 Between: Dr. P.S.N. Murthy S/o.Late Surya Subrahmanyam, Hindu, Visakhapatnam. ... PETITIONER AND 1) State of Andhra Pradesh, Rep. by its Secretary, Legislative Affairs, and Justice, Law Department, Secretariat Buildings, Hyderabad. 2) The State of Andhra Pradesh, Rep. by its Secretary, Backward Classes Welfare, Secretariat Buildings, Hyderabad. 3) The A.P. Commission for Backward Classes, 8th Floor, Chandra Vihar, M.J. Road, Nampally, Hyderabad, Rep. by its Member Secretary. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly on in the nature of writ of Mandamus declaring the A.P. Act No.26 of 2007 issued by the 1st Respondent accepting the recommendations and report submitted by the 3rd Respondent in pursuance of the reference of the 2nd Respondent dt. 17-4-2007 and the consequential G.O.Ms.No. 23 dt. 7-7-2007 and consequential Act No.45 of 2007 issued by the 2nd Respondent, as unconstitutional offending Articles 14, 15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned A.P. Act No.26 of 2007 and consequential G.O.Ms.No. 23 dt. 7-7-2007. Counsel for the Petitioner: Party-in-Person Counsel for Respondent Nos.1 & 2: Advocate General Counsel for Respondent No.3: Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari Writ Petition No.25852 of 2007 Between: K.Kondala Rao, "BC Mitrulu" (An unregistered Organisation) & Advocate, R/o 404, Saikrishna Apartments, 1-10-123, Ashoknagar, Hyderabad-20. ... PETITIONER AND 1) State of Andhra Pradesh represented by its Secretary, Legislative Affairs & Justice, Law Department, Secretariat, Hyderabad. 2) The Principal Secretary to Government, Backward Classes Welfare Department, Secretariat, Hyderabad. 3) The Andhra Pradesh Commission for Backward Classes represented by its Secretary, 8th Floor, Chandra Vihar, Nampally, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction, one in the nature of writ of mandamus i) declaring A.P. Act No.26 of 2007 dt.13-08-2007 (An Act to provide reservation to Socially and Educationally Backward Classes of Muslims in the educational institutions and public employment for their upliftment and for matters connected therewith and incidental thereto) as unconstitutional, void and inoperative and ii) declaring G.O.Ms.No.23 BC Welfare (C2) Department dt.07-07-2007 as unconstitutional, void and inoperative and awarding costs to the petitioner. Counsel for the Petitioner: Party-in-Person Counsel for Respondent Nos.1 & 2: Advocate General Counsel for Respondent No.3: Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari Writ Petition No.17679 of 2008 Between: J. Anusha D/o. J. Venkateshwar Reddy, R/o. H.No.6-1-287/B, Padmarao Nagar, Secunderabad. ... PETITIONER AND 1) Government of Andhra Pradesh, rep. by Secretary, Legislative Affairs and Justice, Law Department, Secretariat, Hyderabad. 2) The State of Andhra Pradesh, rep. by Secretary, Backward Classes Welfare C-2 Department, Secretariat, Hyderabad. 3) A.P. Commission for Backward Classes, rep. by its Member Secretary, 8th floor, Chandravihar, M J Road, Hyderabad. 4) Dr. NTR University of Health Sciences, Andhra Pradesh, Vijayawada, rep. by its Registrar. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court will be pleased to issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ to declare the A.P. Act No. 26 of 2007 published in A.P. Gazette dated 13.08.2007 accepting the recommendations and report submitted by the 3rd respondent in pursuance of the reference of the 2nd respondent dt. 17.04.2007 as unconstitutional, offending Articles 14, 15 and 16 of the Constitution of India and consequently to direct the respondents to forbear from enforcing the impugned A.P. Act No. 26 of 2007 published in A.P. Gazette dated 13.08.2007. Counsel for the Petitioner: Shri G. Vidyasagar Counsel for Respondent Nos.1 & 2: Advocate General Counsel for Respondent No.3: Shri S. Satyanarayana Prasad, Senior Advocate, assisted by Smt. C. Sindhu Kumari Counsel for Respondent No.4: Shri D.V. Nagarjuna Babu The Court made the following: COMMON ORDER: (per the Hon’ble Shri Anil R. Dave, Chief Justice and on behalf of Shri A. Gopal Reddy, Shri V. Eshwaraiah and Shri G. Raghuram, Justices) 1. The cases on hand project another facet of reservations to Backward Classes in the State of Andhra Pradesh. The Legislature of the State of Andhra Pradesh has enacted “The Andhra Pradesh Reservation in favour of Socially and Educationally Backward Classes of Muslims Act, 2007” (A.P. Act 26 of 2007) (hereinafter referred to as ‘the 2007 Act’) for providing reservations to the extent of 4% of total seats to backward classes among Muslims in the matter of admissions in educational institutions and in public employment for their upliftment. We, therefore, feel it expedient to briefly trace the history of reservations in the State. Background of reservations in Andhra Pradesh 2. Even before the State of Andhra Pradesh had been formed, reservations to backward classes in educational institutions and in public services had been provided under G.O. Ms. No. 110 dated 30th May, 1953 to 112 Castes by the State of Nizam. In the year 1963, when the State of Andhra Pradesh had issued a government order providing for reservation of seats in government medical colleges, this Court had nullified the same on the ground that it was violative of Articles 15 and 29 (2) of the Constitution and it had been provided without applying the criteria laid down by the Hon'ble Supreme Court in M.R. Balaji v. State of Mysore[1]. Subsequently, in the year 1964, a list of 112 castes or communities were identified as backward. The validity of the said list was challenged before this Court by filing writ petitions on the ground that the list so prepared was solely on the basis of caste. The writ petitions were allowed by this Court by striking down the reservation for Backward Classes in professional colleges. The invalidation was upheld by the Hon'ble Supreme Court in State of A.P. v. P. Sagar[2]. 3. Thereafter, the State of Andhra Pradesh had appointed a multi-member Commission, initially headed by Justice Manohar Prasad,