The Maharashtra government has formally withdrawn the administrative framework linked to the 5% reservation for socially and educationally backward Muslim communities that was introduced through a 2014 ordinance.
The decision, taken on February 17, 2026, revokes the process of issuing caste verification and validity certificates under the Special Backward Category-A (SBC-A), effectively closing the chapter on the policy.
Officials clarified that the quota had not been operational since December 2014, when the ordinance lapsed without being converted into law. They described the latest move as a “procedural correction” rather than a fresh policy change.
What was the 5% Muslim Reservation Policy?
The 5% quota was introduced in July 2014 by the then Congress-NCP government under the Socially and Educationally Backward Classes (SEBC) category. It applied to around 50 identified Muslim communities, mainly occupational and artisan groups such as weavers, butchers, oil pressers and fisherfolk.
The reservation was not meant for all Muslims but only for specific communities identified as socially and educationally backward.
However, the ordinance was challenged in the Bombay High Court. In November 2014, the court struck down the reservation in government and semi-government jobs but allowed the 5% quota in education at the interim stage, citing compelling circumstances.
Before any law could be passed to protect the educational quota, the ordinance lapsed on December 23, 2014, after a change in government. Since then, the reservation has not been in force.
Government Says Quota Was Never Implemented
The state’s Social Justice Department said the ordinance was never converted into law and therefore had no legal standing for over a decade.
Social Justice Minister Sanjay Shirsat said reservation “cannot be granted merely by announcement” and must follow proper legal procedures. He described the 2014 decision as one taken ahead of elections without completing the required constitutional steps.
Officials also noted that Muslims continue to receive reservation benefits if they belong to communities already listed under Other Backward Classes (OBC), Vimukta Jatis, or Nomadic Tribes.
Legal Background and 50% Ceiling Debate
The 2014 quota had pushed total reservation in the state beyond the 50% ceiling set by the Supreme Court in the landmark Indra Sawhney v. Union of India judgment.
Petitioners argued that the policy breached this limit and amounted to a religion-based reservation. However, at the interim stage, the High Court observed that the quota was not for all Muslims but for specific backward communities, and found prima facie data supporting their backwardness.
Despite this observation, the ordinance was never turned into permanent legislation, and the matter eventually lost relevance as the policy lapsed.
Opposition Slams Decision
Opposition leaders have strongly criticised the government’s move.
Former Chief Minister Prithviraj Chavan questioned the timing of the decision. He said the government could have enacted a law to protect reservation in education, especially since the High Court had shown a positive view on that aspect.
Congress leader Amin Patel called the withdrawal a setback for Muslim youth. He said reservation in education was essential to bring the community into the mainstream.
NCP (SP) spokesperson Clyde Crasto termed the move “anti-minority” and accused the ruling party of lacking commitment to Muslim representation.
AIMIM leader Waris Pathan also criticised the decision. “This shows that the BJP government is anti-Muslim and anti-minority,” he said. “When I was an MLA, I raised this issue in every session, but the government did not act. I strongly condemn this move.”
