Going ahead with its decision to challenge the Andhra Pradesh High Court order annulling its decision to carve out 4.5% reservation for minorities from within the OBC quota, Minority Affairs Ministry has moved a reference to the Law Ministry on the issue.
"Attorney General G E Vahanvati will look at it on Monday," Union minister for Law and Minority Affairs Salman Khurshid told PTI.
Sources said that the Secretary, Minority Affairs Surajit Mitra has moved a reference to the Law Ministry seeking a legal opinion on the Andhra Pradesh High Court order quashing the minority sub quota.
He has also suggested filing an appeal in the Supreme court on the issue before a vacation judge.
Sources said that Vahanvati will be asked to give an opinion on the issue for a considered decision by the government.
The government's argument is that it did not include any new caste in the OBC list nor increased any percentage for OBC Muslims, who were already entitled to this much reservation under the 27% quota for OBCs as per the recommendations of the Mandal Commission.
The government is also of the view that the sub quota was not provided on the basis of religion but that of backwardness.
Justifying it, Khurshid had said a few days back that the government will challenge High Court's order striking down its proposal.
"We will go to the Supreme Court by way of a Special Leave Petition (SLP) against the the Andhra Pradesh HC order...Government would like to address the matter with a sense of urgency," Khurshid had said.
Noting that the court said that no community can be given reservation only on the basis of religion, the minister had maintained, "We have made reservation on a share of backward classes" and not on the basis of religion.