Lawyer moves HC against Maharashtra government’s decision to scrap Muslim quota

“The state government allowing more than Rs 350 crore annual budget to madrasa education and withholding the innocent Muslims from mainstream education, is nothing but a racial discrimination to limiting Muslims young minds in the dark Talibani ages,” the plea claimed.

“The respondent authorities are violating the rights of minorities to get modern education,” the plea added. The petitioner claimed that the impugned decision was taken despite anyone being affected by Muslim castes’ SEBC quota and none had made complaint to State Backward Class Commission in that regard.

Pending hearing of its plea, the petitioner has sought a stay on the decision and also sought a direction to the authorities to produce the quantified data if any available about the condition of the classes and castes mentioned in the original decision that allowed quota for Muslims.

The HC will hear the plea in due course

The then Congress-NCP government in July 2014 had announced 16 per cent reservation for Maratha community and 5 percent quota for Muslims (from specified 50 Muslim castes) in government jobs and educations under the SEBC category.

Thereafter, the Bombay High Court on November 14, 2011, while striking down Maratha reservation (which was later provided through separate legislation), had upheld the principle of allowing reservation for Muslims for education purposes. It had cited “sufficient material and quantifiable data to sustain classification as special backward class.” The HC had upheld 5% quota for Muslims in government and government-funded educational institutions. However, it had stayed application of ordinance in respect of the private unaided institutions.

The HC bench headed by then Chief Justice Mohit Shah did not allow to breach 50 % ceiling in public jobs for Muslims and stayed the application of ordinance.

Later, the ordinance lapsed on December 23, 2014 and it was not converted into a permanent statute after the BJP-led government came to power in Maharashtra. Therefore, the July 2014 decision became ineffective.

The February 17 decision has formally cancelled the earlier directions and circulars including availing of caste and validity certificates for Muslim communities, prompting the petition in the High Court.