The Bombay High Court on Thursday directed the Maharashtra government to respond to a petition challenging its decision to cancel the five per cent reservation for the Muslim community in education and government jobs, reported news agency PTI.
A division bench comprising Justices R I Chagla and Advait Sethna has asked the state to file its reply through an affidavit within three weeks. The court has scheduled the next hearing in the matter for May 4, reported PTI.
Petition Challenges February 17 Government Resolution
The petition has been filed by advocate Syed Ejaz Abbas Naqvi, who has challenged the Government Resolution issued on February 17 by the state’s Social Justice and Special Aid Department. The plea argues that the decision violates constitutional provisions and is detrimental to the interests of the Muslim community, reported PTI.
According to the petitioner, the move lacks any reasonable justification and undermines the rights guaranteed under the Constitution.
Allegations of Discrimination Against Minority Community
In the petition, Naqvi has termed the government’s decision as discriminatory, alleging that it targets a minority community without valid grounds. The plea states that withdrawing the quota amounts to unequal treatment and infringes upon fundamental rights, reported PTI.
The petitioner has further argued that the absence of a clear rationale behind the decision raises serious legal concerns.
Background of 2014 Reservation Policy
The issue traces back to July 2014, when the then Congress-NCP government introduced reservation measures for certain communities. The policy included a 16 per cent quota for the Maratha community and a five per cent reservation for Muslims in education and government jobs under a backward class category, reported PTI.
However, the decision faced legal scrutiny. The High Court had struck down the provision granting reservation in jobs but allowed the continuation of the five per cent quota in educational institutions.
Government Cancels Earlier Benefits and Certifications
As per the February 17 GR, all previous decisions and the ordinance related to the five per cent reservation in government and semi-government jobs and educational institutions for the socially and educationally backward Muslim group, included under the Special Backward Category (A), have been cancelled, reported PTI.
This has effectively removed the framework that enabled the community to avail reservation benefits in education and employment.
Court to Examine Constitutional Validity of Decision
By seeking a detailed response from the state government, the High Court has indicated that it will examine the legal and constitutional validity of the decision. The outcome of the case is expected to have significant implications for reservation policies and minority rights in Maharashtra.
The matter will be closely watched as it raises broader questions about affirmative action and the rights of socially and educationally backward communities.
(With inputs from PTI)
