‘No quota solely on religion, ordinance lapsed’: Maharashtra seeks dismissal of plea against ‘scrapping’ of Muslim reservation
The government told the Bombay High Court that the "misconceived and speculative" plea cannot be entertained and should be dismissed by imposing "exemplary costs" on the petitioner.
A bench led by Justice Riyaz I Chagla will hear on May 4 a plea by advocate Syed Ejaz Abbas Naqvi, who sought quashing and setting aside of the "discriminatory" GR.
Seeking dismissal of a plea against the February 17 Maharashtra Government Resolution (GR) scrapping the 5 per cent reservation for Muslims in education, the state government recently told the Bombay High Court that “the Constitution does not envisage the grant of reservation solely on the basis of religion”.
Therefore, the government said the “misconceived, baseless, vague and speculative” plea cannot be entertained and should be dismissed by imposing “exemplary costs” on the petitioner, a Mumbai-based lawyer, who alleged that the GR was “arbitrary” and amounted to “racial discrimination against minorities.”
On February 17, the state Social Justice Department cancelled a July 7, 2014, Government Resolution (GR) issued under an ordinance that had provided nearly 50 specified Muslim communities to avail caste verification and validity certificates under the Special Backward Category-A (SBC-A).
The government said that it had issued the February 17 GR merely because the July 2014 ordinance had lapsed “and was never enacted into law” and the decision in question has not nullified any quota for Muslims.
A bench led by Justice Riyaz I Chagla will hear on May 4 a plea by advocate Syed Ejaz Abbas Naqvi, who sought quashing and setting aside of the “discriminatory” GR. Naqvi claimed the decision was taken even though no one was affected by the Muslim quota and no complaints were made to the State Backward Class Commission.
The Congress-NCP government, through a July 9, 2014, ordinance, introduced 16 per cent reservation for the Maratha community alongside a 5 per cent quota for Muslims (from 50 specified castes) in government jobs and education under the SEBC category.
On November 14 that year, the High Court set aside the Maratha reservation (later reintroduced through separate legislation); however, it upheld the Muslim 5 per cent reservation for education in government and government-aided educational institutions, but stayed its use in private unaided institutions and public jobs.
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The ordinance lapsed on December 23, 2014, and it was not converted into a permanent legislation after the BJP-led government took over in Maharashtra, which made the July, 2014 GR ineffective.
The February 17 decision formally cancelled prior directives and circulars, including provisions for caste and validity certificates for Muslim communities, prompting the plea in the HC.
The state government, through Varsha Gunvantrao Deshmukh, Deputy Secretary, Social Justice and Special Assistance Department, filed a reply.
“The said ordinance (lapsed December 23, 2014) 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 petition raises no enforceable legal right and is based on generalised and political assertions, and therefore does not warrant interference,” the affidavit of April 23 stated.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
