The question was raised by the five-judge full bench of the court during the hearing on PILs over the central government's scheme for pre-metric scholarship to students belonging to minority communities.
The central government scheme launched in 2008 is for students belonging to five religious minorities including Muslims whose parents have annual income below Rs 1 lakh where the Centre gives 75 per cent of the scholarship amount while states are to bear the cost of the remaining 25 per cent.
Gujarat government has refused to implement the scheme.
During the hearing when the advocate general was arguing against the central scheme, Justice V M Sahai pointedly asked, "Have you formed any committee to find out the social and educational backwardness of Muslims living in the state? What the state has done in the past 20 years?"
To which Advocate General Kamal Trivedi conceded that there was no study conducted by the state government.
Earlier, during the submissions in support of the state government's refusal to implement the scheme, Trivedi said that it was discriminatory in nature.
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Citing constitutional provisions and Supreme Court judgements, Trivedi argued that the Central government did not come up with notification defining the five religious groups as socially and economically backward who could be the beneficiaries of the scheme.
He also contended that the state can extend benefit only to those groups or communities identified as socially and educationally backward by a permanent commission set up for that purpose.
The Bench commented that an executive order for the purpose of the advancement of the weaker sections should be upheld keeping in mind the philosophy of affirmative action of the state. (MORE)