Reservation on the basis of religion has always raised serious constitutional concerns and a recent ruling of the Andhra Pradesh High Court (which the Supreme Court refused to stay) declaring the sub-quota for minorities unconstitutional only illustrates this constitutional tension. This is not the first time that the Andhra Pradesh High Court has declared reservation for religious minorities constitutionally invalid. In 2005, a five-judge-bench of the Andhra Pradesh High Court struck down the Government Order giving 5 per cent reservation to Muslims on the ground that it was given without consulting the Backward Class Commission (T. Muralidhar Rao).