A Mumbai-based lawyer has challenged the Maharashtra government’s decision to scrap the five per cent reservation for socially and educationally backward Muslim communities in education and government jobs. The petition has been filed in the Bombay High Court by advocate Syed Ejaz Abbas Naqvi through advocate Nitin Satpute.
The plea argues that the government’s move violates the fundamental rights of Muslim students and goes against constitutional principles.
Government Cancels 2014 Muslim Reservation Policy
Earlier this week, the Maharashtra government issued a Government Resolution cancelling the five per cent quota for Muslims under the Special Backward Category A framework. The new order revoked all previous decisions and circulars issued in 2014 and stopped issuing caste and non-creamy layer certificates to eligible Muslim communities.
The reservation policy was originally introduced in July 2014 by the then Congress and Nationalist Congress Party government. It had granted 16 per cent reservation to Marathas and five per cent to Muslims in government jobs and educational institutions by placing them under the Socially and Educationally Backward Classes category.
However, the Muslim quota did not apply to the entire community. It covered around 50 identified Muslim communities, mainly occupational and artisan groups, which were classified as socially and educationally backward.
The 2014 ordinance was later challenged in court. The High Court struck down the five per cent quota in jobs but allowed reservation in education. The ordinance eventually lapsed in December 2014 after the Bharatiya Janata Party-led coalition came to power in the state.
Petition Calls Decision Arbitrary and Discriminatory
The petition claims that the recent decision to formally scrap the quota is arbitrary and discriminatory against minorities. It states that no complaints were made before the State Backward Class Commission against the Muslim SEBC quota and no party had suffered due to the policy.
The plea has sought an interim stay on the government’s decision and asked the court to direct the authorities to present quantifiable data that justifies cancelling the reservation.
According to the petition, withdrawing the quota without proper data amounts to discrimination and violates the rights of minority students to access modern education. The petitioner has also argued that the decision appears to be politically motivated and legally unsustainable.
Political Reactions
The move has triggered sharp criticism from opposition parties, which have accused the Bharatiya Janata Party led Mahayuti government of being anti minority.
The government, however, has stated that the earlier ordinance had lapsed and that the court had placed an interim stay on parts of the policy, making the continuation of the quota legally untenable.
The matter is now expected to be heard by the High Court, which will examine whether the cancellation of the five per cent reservation stands constitutional scrutiny.
