Plea In Bombay High Court Against Maharashtra Govt's Decision To Scrap 5% Quota For Muslims In Education

A writ petition has been filed in the Bombay High Court challenging the decision of the Maharashtra Government to scrap the 5% reservation in education to Muslim community.

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 has said, "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% quota to Maratha community and 5% 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 has 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 However, without any strong reasoning given, the State has withdrawn the quota, the plea reads.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.

The petition is likely to be mentioned on Monday.