The failure to provide adequate representation and institutional support for a minority community violates their fundamental rights under Articles 14, 15, 25, 26, 29, and 30 of the Constitution.

ORDER :

This Writ Petition is filed for enforcement of Fundamental Rights of Shia Muslim Community in Telangana, particularly regarding adequate representation, appointment of an MLC under the Governor’s quota, and redressal of persistent grievances affecting the community.

1.1. It is stated, Petitioners belong to Shia Muslim Community of Telangana, a distinct sect within Islam comprising approximately 10 lakh persons in the State. The said community has historically contributed to the cultural and social fabric of Telangana; despite its population and contributions, the community faces systemic neglect in welfare, institutional support and representation in public affairs. Petitioners claim to be the office-bearers of “Shia Civil Council for Social Justice”, a registered organization dedicated to upliftment of Shia Muslims.

1.2. The core grievances of petitioner are: a) there is lack of adequate representation of Shia Muslims in government bodies and decision-making forums, including absence of any Shia voice in the Telangana Legislative Council under Article 171(3)(e); b) failure of the State and its agencies to provide dedicated institutional support such as separate educational institutions, welfare schemes, burial grounds, and community centres, despite constitutional protection for minorities; c) discrimination and marginalisation in management of religious endowments — the Telangana State Waqf Board has not created any mechanism or separate section for Shia Waqf matters, resulting in mismanagement and exclusion of Shias from Waqf administration; d) inaction by authorities despite repeated representations and multiple directions issued by this Court asking the Respondents to consider Petitioners’ grievances.

1.3. It is stated, Petitioners made formal representations to Respondents on 27.12.2022 and 03.02.2024; since no action was taken, they filed Writ Petition No. 4610 of 2024 wherein this Court directed Respondent No.2 to consider Petitioners' request and take steps in accordance with law. Thereafter, representations dated 25.04.2024 and 27.09.2024 were submitted detailing various demands for the welfare of Shia community, including establishment of separate educational institutions for Shia youth, allotment of exclusive burial grounds for Shias, protection of Shia religious sites from encroachment, nomination of a qualified Shia representative to the Legislative Council under the Governor’s quota. When there was no action taken, Petitioners are stated to have filed Writ Petition No. 30028 of 2024 which was disposed of on 02.01.2025, directing Respondents to consider the representations dated 25.04.2024 and 27.09.2024 in accordance with law.

1.4. It is also stated, on 07.02.2025, Respondent No.2 rejected the representations arbitrarily and without proper application of mind, ignoring the directions of this Court. Aggrieved by the continued inaction and having no other alternative, petitioners approached this Court.

1.5. The issues raised are not individual grievances but relate to the fundamental rights of a religious minority. The State’s lack of concern violates Articles 14 and 15 as Shia Muslims are entitled to equal protection of laws without discrimination. Their right to live with dignity is compromised due to lack of basic facilities such as burial grounds, education, welfare schemes, and safety. Their rights under Articles 25–26 are impeded as Shia religious endowments and practices are neglected and not effectively protected. Articles 29–30 reinforce the constitutional obligation to safeguard minority culture—an obligation ignored by the State despite clear needs of Shia community. The failure to implement existing poli