Mumbai

The Maharashtra government has informed the Bombay High Court that a 2014 ordinance granting 5 per cent reservation to Muslims ceased to exist the same year, and therefore a government resolution (GR) issued in February does not amount to scrapping any existing quota.

In an affidavit filed last week, the state responded to a petition by advocate Syed Ejaz Naqvi, who challenged the February 17 GR, alleging it effectively withdrew reservation benefits for Muslims in public employment and education.

The matter is expected to be heard on May 4 by a bench comprising Justices R I Chagla and Advait Sethna.

Rejecting the petitioner’s claims of discrimination, the state’s Social Justice and Special Assistance Department described the allegations as unfounded and argued that no constitutional provisions had been violated. It maintained that reservation cannot continue without proper statutory backing.

According to the affidavit, the July 2014 ordinance that introduced 5 per cent reservation for Muslims in jobs and educational institutions lapsed in December 2014 and was never replaced by a valid law. As a result, the government said, no enforceable rights can be claimed on its basis.

The state further argued that the Constitution does not permit reservation solely on religious grounds and asserted that the February GR was issued in line with legal provisions. It also emphasised that lawmaking is the prerogative of the legislature, and courts cannot direct the enactment of new laws or revival of expired ordinances.

In his petition, Naqvi contended that the earlier Congress-NCP government had introduced 16 per cent reservation for Marathas and 5 per cent for Muslims under the Socially and Economically Backward Class category in 2014. He noted that while the court had struck down the job quota for Muslims, it had allowed a 5 per cent reservation in education.

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The new GR, however, cancels previous decisions and circulars related to the Muslim quota under the Special Backward Category (A). It also halts the issuance of caste and non-creamy layer certificates for Muslims under that category, effectively discontinuing the framework linked to the earlier policy.