New Delhi, Sept. 24: The Supreme Court today said there was nothing wrong with quotas for backward sections among Muslims.

“If a section (of Muslims) fulfils the criteria of backwardness (socially and economically), they are entitled to such benefits and should get such benefits,” the court said while hearing an appeal filed by some students against an Andhra High Court order.

The issue of whether such religion-based quotas violate the Constitution is pending before a Constitution bench of the court. The court is yet to hear it.

In an order on July 24, 2007, the high court had refused to stay a state law providing for 4 per cent reservation for Muslims in educational institutions and jobs.

Appearing for petitioners T. Murlidhar Rao and K. Sriteja, senior counsel Arun Jaitley argued that the state had gone ahead with such quotas despite two failed attempts.

The state had first tried to provide 5 per cent reservation for Muslims by an executive order but it was struck down, he said. Then it tried to bring a law, which too was struck down. This was the third attempt, he said.

He claimed that except for one or two per cent of the Muslim population, the rest had been included in the quota.

Senior counsel K. Ramakrishna Reddy added that there was no provision in the new law to keep the creamy layer out and sought an interim stay on it.

State counsel Indira Jaisingh, however, said a survey had been done among Muslims before deciding on the quotas. She said 24 Muslim communities had applied for such benefits but 10 had been rejected.

The apex court had issued notices to the Andhra government on the special leave petition against the high court order.

The petition argued that the law was only a continuation of the constitutionally reprehensible, religion-centric reservation policy of the state.

“This preference to the Muslim community at the expense of other religions violates the constitutional mandate of equality,” it said.

The state had some 112 backward communities from other religions and no attempt had been made to assess their claims for reservation, it said.