5% Muslim Reservation Lapsed In 2014; No Quota 'Scrapped', Only Redundant GRs Revoked: Maharashtra Govt To Bombay High Court

The Maharashtra Government on Wednesday told the Bombay High Court that the July 2014 Ordinance that provided a 5 per cent reservation for Muslims in the State had lapsed by December 2014 and thus, the Government Resolution (GR) issued in February this year, has not per se "scrapped" any quota for the community.Notably, a division bench of Justice Riyaz Chagla and Justice Advait Sethna has been hearing a petition filed by advocate Ejaz Naqvi, who has challenged the February 17 GR issued by the State, which withdraws the 2014 Ordinance. This ordinance had provided 5 per cent reservation to 50 castes of the Muslim community, for education, the plea argues.In response to this plea, the State through Varsha Deshmukh, the Deputy Secretary, Social Justice and Special Assistance Department has filed an affidavit stating that the petition is 'misconceived' and must be dismissed with 'exemplary' costs.According to Deshmukh, the State on July 9, 2014 issued an Ordinance providing 5 per cent reservation to Muslims in educational institutions including private educational institutions whether aided or unaided appointments and to all posts in public services. The said Ordinance was brought into effect from July 9, 2014 and subsequently two GRs were issued on July 19, 2014 and August 28, 2014 specifying how one can take benefits under this newly drafted quota. "Subsequently, the said Ordinance itself was challenged before the High Courts and an interim order dated November 14, 2014 was passed staying the implementation of the Ordinance in so far as the Ordinance provided 5 per cent reservation in private unaided educational institutions and for appointments/posts in public services. However, the said Ordinance lapsed on December 23, 2014 and was never replaced by any valid legislation thereafter. Consequently, no enforceable right survives or can be claimed on the basis of the said Ordinance," the affidavit reads. The State clarified that the admissions provided to students of the Muslim community between July 9, 2014 to December 23, 2014 and also those given jobs under the quota, were protected and they continue to be protected. The cast claims of such beneficiaries, the affidavit states, would be examined in the light of relevant statutory provisions. "It ought to be noted that as the GR dated July 19, 20 14 by virtue of lapsing of said Ordinance, was revoked, therefore, both the executive instruments i.e. GRs dated July 22, 20 14 and Government Circular dated August 28, 2014, became otiose. The GR dated February 17, 2026 had only revoked the Government Resolution date July 22, 2014 and Circular dated August 28, 2014, which prescribed the provisions for providing caste certificates and validity certificates and has nowhere nullified any quota or reservations for Muslim community as alleged in the petition. The same does not violate any constitutional provisions. The Respondents submit that the earlier framework relating to 5 per cent reservation for Muslim communities was based on Ordinance XIV of 2014, which has admittedly lapsed on December 23, 2014 and was never enacted into law," the State underlined. Therefore, the State urged the bench to dismiss the instant petition alleging that it did not raise any issue of 'public interest' and has only made baseless, vague and generalised allegations without any concrete legal research."The Constitution of India does not envisage grant of reservation solely on the basis of religion. The Petitioner has deliberately mischaracterised the nature of the said GR of February 17, 2026, thereby attempting to mislead this Court. The answering Respondent strongly denies and refutes, the unfounded, baseless, and reckless allegations of racial discrimination sought to be made by the Petitioner. Such allegations are not only devoid of merit but are also made without any supporting material. The Petitioner has abused the process of law by making scandalous averments, and therefore, this Court may be pleased to impose exemplary costs upon the Petitioner," the State urged the court. 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 has contended that there has been no objection till date to the 5 per cent 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...

5% Muslim Reservation Lapsed In 2014; No Quota 'Scrapped', Only Redundant GRs Revoked: Maharashtra Govt To Bombay High Court

Narsi Benwal

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