Bombay HC Seeks Maharashtra Govt's Reply On Plea Challenging Cancellation Of 5 Per Cent Muslim Quota In Education

Mumbai, April 2: The Bombay High Court on Thursday directed the Maharashtra government to file its reply to a petition challenging its decision to cancel the five per cent reservation for the Muslim community in education and public employment, terming the move as “racial discrimination” and violative of fundamental rights.

HC seeks reply from Maharashtra government

A bench of Justices Riyaz Chagla and Advait Sethna asked the government to file its reply in three weeks and asked the petitioner to file a rejoinder affidavit in one week thereafter. The plea has been kept for hearing on May 4.

The court has also called for a translated copy of the Government Resolution (GR) dated February 17, 2026, by which the reservation was cancelled.

Petition challenges government resolution

The petition filed by Advocate Syed Ejaz Abbas Naqvi assails the GR issued by the Department of Social Justice and Special Aid. It seeks quashing of the resolution and an interim stay on its operation pending the hearing of the petition.

Allegations of violation of fundamental rights

Contending that the move violated fundamental rights, the petition reads: “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.” It further contends that there is “no rationale” behind the decision to scrap the quota and that the move is arbitrary and unconstitutional.

It argues that the impugned action seeks to “annul binding judgments of the Supreme Court… without removing the basis thereof,” and is contrary to constitutional principles governing affirmative action.

Background of the quota policy

According to the plea, in July 2014, the then government under the Congress and the NCP decided to grant a 16 per cent quota to the Maratha community and 5 per cent to Muslims for government jobs and also for education purposes.

However, the reservation for Muslims was challenged before the High Court and the quota was upheld, but only for the purpose of education and not for public service in 2014 itself, Naqvi claimed, adding, "Since then, around 50 backward castes among the Muslim community were getting the benefit of this 5 per cent quota in education."

Petitioner questions rationale behind withdrawal

In his petition, Naqvi also contended that there has been no objection till date to the 5% quota for the Muslim community and that there has been no complaint filed against it before the Backward Classes Commission. However, without any strong reasoning given, the State has withdrawn the quota, the plea reads.

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The petitioner has further contended that the State has failed to produce any “quantifiable” data to substantiate its decision of withdrawing the 5% quota for the Muslim community.

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