The Supreme Court on Monday briefly heard a public interest litigation (PIL) seeking reservation benefits for “Pasmanda Muslims” within the Other Backward Classes (OBC) category. The petition urges sub-categorisation and relies on the Ranganath Misra Commission report.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi took up the petition filed by Mohd Waseem Saifi. Through the PIL, the petitioner seeks 10% reservation for Pasmanda Muslims within the OBC framework.
Court asks: why restrict the plea to Pasmanda Muslims?
At the outset, the CJI questioned the basis for limiting relief only to Pasmanda Muslims. The Bench noted that OBC status does not rest only on social considerations, and economic factors also play a role. The CJI asked: “What about the other Muslim OBCs? ….OBC is not only a social status factor, but an economic factor is also there.”
Petitioner seeks tagging with Andhra Pradesh reservation matter
For the petitioner, Senior Advocate Anjana Prakash, assisted by Advocate Pradun Kumar, appeared before the Court. She submitted that the Muslim community in India may broadly be understood as three categories: ‘Ashraf’ (upper class) and two other categories described as lower classes. She also stated that Ashraf ancestry traces back to foreign lands.
Prakash requested the Bench to tag this PIL with a pending matter—State of A.P. & Ors. v. B. Archana Reddy & Ors. That case is being examined by a Constitution Bench, which is considering whether Muslims in Andhra Pradesh can receive 4% reservation under the Socially and Educationally Backwards Classes category.
The pending matter arises from a 2005 appeal challenging an Andhra Pradesh High Court judgment. The High Court had struck down the Andhra Pradesh Reservation of Seats in the Educational Institutions and of appointments/posts in the Public Services under the State to Muslim Community Act, 2005.
Bench seeks data; time granted to file note
The CJI indicated that the Court would first need to examine whether Pasmanda Muslims are statistically the only backward classes among Muslims. The CJI remarked: “At the cost of other poor muslims, you only want to promote …where is the homework on how many total muslims are backward?”
In response, Prakash sought time to file a note addressing the Court’s query. The Bench accepted the request and relisted the matter after four weeks.
PIL cites Sachar Committee and Ranganath Misra Commission
The PIL refers to the 2006 Sachar Committee, which the petition says was constituted under the chairmanship of Justice Rajindra Sachar, former Chief Justice of the Delhi High Court. According to the petition, the committee examined the socio-economic and educational status of Pasmanda Muslims in India.
The petition states that “Pasmanda Muslims” refers to the Backward (Ajlaf) and Dalit (Arzal) Muslim communities. It describes the community as stratified into:
- Ashraf: Upper-caste Muslims (Syeds, Pathans, Mughals – traditionally ruling/elite class)
- Ajlaf: OBC Muslims (artisans, occupational castes)
- Arzal: Dalit Muslims (engaged in “unclean” or menial work)
The petition further claims that these groups constitute nearly 80–85% of India’s Muslim population. However, it claims they remain underrepresented in education, employment, politics, and religious institutions. It also claims that Ashrafs dominate positions of influence.
The plea also cites the Sachar Committee’s recommendations, including the setting up of an Equal Opportunity Commission to monitor and address discrimination against minorities. In addition, it submits that Ashraf, Ajlaf, and Arzal require different forms of affirmative action. It states that Ajlafs/OBCs need attention similar to Hindu-OBCs. It further states that those in traditional occupations similar to Scheduled Castes may be classified as Most Backward Classes (MBCs). According to the petition, they may require multiple measures, including reservation, because they are “cumulatively oppressed.”
Separately, the PIL relies on the 2007 “Ranganath Misra Commission”, which it says was constituted under Justice Ranganath Misra, former Chief Justice of India. The petition identifies the commission’s formal title as the National Commission for Religious and Linguistic Minorities (NCLRM).
Reliefs sought
Among other reliefs, the petitioner seeks:
- A writ of mandamus (or other appropriate writ) directing the Union of India to implement the Sachar Committee recommendations; and/or
- Directions to Central and State Governments to implement 10% reservation for Pasmanda Muslims as per the Ranganath Misra Commission recommendations; and/or
- Directions to establish a statutory commission to identify and ensure sub-categorisation and targeted representation of Pasmanda Muslims within the OBC and minority institutions framework.
The petition was filed with the assistance of Advocate Vijay Kasana.
Case Details: Mohd. Waseem Saifi v. Union of India & Ors.
