Bombay High Court Seeks Maharashtra Govt Response To Plea Against Scrapping Of 5% Muslim Quota In Education

The Bombay High Court on Thursday (April 2) directed the Maharashtra Government to file its response to a writ petition which has challenged the decision of the State to scrap the 5 per cent reservation in education to Muslim community.

A division bench of Justice Riyaz Chagla and Justice Advait Sethna ordered the State to file its affidavit-in-reply to the petition by the end of this month and said it will hear the matter in detail on May 4.

"Let the affidavit be filed by mid-April and rejoinder, if any, by the petitioner to be filed within a week thereafter. The matter be placed for further consideration on May 4. The petitioner to furnish translated copies of the impugned GR and other material, before the next date," the bench said.

The petition filed by advocate Ejaz Naqvi challenges the February 17 Government Resolution (GR) issued by the Maharashtra Government which withdraws a 2014 Ordinance. This ordinance had provided 5% reservation to 50 castes of the Muslim community, for education.

Aggrieved with the sudden withdrawal, Naqvi in his plea contended, "Aggrieved by the manner in which the constituitional mandate of equality and fraternity for needy citizenary is being breached by the Respondent, this petition is filed. And the basic structure of the Constitution is being altered, which was promised to all of us including to our ancestors in 1946. The GR issued by the Department of Social Justice and Special Aid of Maharashtra is violative of Constitution and is against the interest of the Socially and Educationally Backward Classes (SEBC) and also the Muslim Community."

According to Naqvi, the then government in the State under the Congress and the NCP had in July 2014, decided to grant 16 per cent quota to Maratha community and 5 per cent to the Muslims for government jobs and also for education purposes.

However, the reservation for Muslims was challenged before the High Court and the quota was upheld but only for the purpose of education and not for public service in 2014 itself, Naqvi claimed, adding, "Since then, around 50 backward castes among the Muslim community were getting the benefit of this 5 per cent quota in education."

In his petition, Naqvi also contended that there has been no objection till date to the 5% quota to the Muslim community and that there has been no complaint filed against it before the Backward Classes Commission. However, without any strong reasoning given, the State has withdrawn the quota, the plea reads.

The petitioner has further contended that the State has failed to produce any "quantifiable" data to substantiate its decision of withdrawing the 5% quota to the Muslim community.