Constitution does not permit quota based only on religion: State tells HC
MUMBAI, May 1 -- The "Constitution does not envisage granting of reservation solely on the basis of religion", the Maharashtra government told the Bombay High Court on Wednesday, opposing a petition that challenges scrapping of 5% reservation in education for around 50 backward Muslim communities classified under the Socially and Educationally Backward Classes (SEBC) category.
The state government on Wednesday filed an affidavit opposing a petition, challenging the February 17, 2026 GR by which the 5% quota was scrapped, stating that the GR was issued because the July 2014 ordinance had lapsed on December 23, 2014, without it being replaced into a valid legislation and that the new GR does not invalidate any reservation for Muslims already recognised under the OBC category.
"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 state said in an affidavit filed by Varsha Deshmukh, deputy secretary of the social justice and special assistance department.
The state government requested the court not to entertain the petition, contending that the petition raised "no enforceable legal right" and was based on "generalised and political assertions, and therefore does not warrant interference."
The petition is filed by advocate Syed Ejaz Abbas Naqvi along with a social worker, which termed the GR dated February 17 this year, by which the 5% quota was scrapped, as "violative of the Constitution" and that the decision effectively bars backward Muslim communities from equitable representation in administrative and educational spheres, calling it discriminatory and unconstitutional.
Their petition referred to a July 2014 decision by the then Congress-Nationalist Congress Party government in Maharashtra, which introduced 16% reservation for Marathas and 5% reservation for Muslims in government jobs and state-run educational institutions by placing them under the SEBC category. While the Muslim quota did not extend to the entire community, it covered around 51 identified socially and educationally backward Muslim groups, largely comprising occupational and artisan classes. Beneficiaries were required to obtain caste and validity certificates, similar to other backward class categories.
The court has listed the matter for further consideration on May 4....
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