Advocate has moved the High Court challenging the Maharashtra government’s cancellation of the 5% Muslim quota, calling the decision unjustified. The plea alleges state is practicing racial discrimination against the Muslim community, violating fundamental rights guaranteed under Constitution of India.
A petition has been submitted to the Bombay High Court contesting the Maharashtra government’s recent decision to revoke the 5 percent reservation in education and employment for the Muslim community, alleging that this action constitutes racial discrimination.
The petition, filed by advocate Syed Ejaz Abbas Naqvi, challenges the government resolution issued on February 17 by the Department of Social Justice and Special Aid of Maharashtra, claiming it violates the Constitution and harms the interests of the Muslim community.
Emphasizing that there is no justification for the government’s decision to eliminate the quota, The plea states,
“The respondent (Maharashtra government) is practicing racial discrimination with the persons of a minority community i.e. the Muslim community. This is in violation of the fundamental rights enshrined in the Constitution,”
The petition is expected to be heard by the High Court next week.
Advocate Nitin Satpute, representing the petitioner, requested that the HC cancel the February 17 resolution and issue a stay on its implementation until the petition is heard.
According to the plea, in July 2014, the then Congress-NCP government had implemented a 16 percent reservation for the Maratha community and a 5 percent reservation for Muslims in government jobs and education, categorizing them as Socially and Economically Backward Classes.
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This ordinance was subsequently challenged in the HC, which invalidated the job reservation but upheld the 5 percent educational reservation for the Muslim community.
Under the new government resolution, all prior decisions and the ordinance regarding the 5 percent reservation for the socially and educationally backward Muslim group, classified under the Special Backward Category (A), have been revoked.
The government has also terminated earlier notifications and circulars from 2014 and has ceased issuing caste and non-creamy layer certificates to Muslims in the Special Backward Category, according to the latest order.
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