Maharashtra Govt Defends Scrapping Of 2014 Muslim Quota Framework, Calls Plea Baseless

Mumbai, April 30: The Maharashtra government has informed the Bombay High Court that the 2014 Ordinance granting a 5% quota to Muslims in government jobs and educational institutions had lapsed in the same year. It added that the Government Resolution issued on February 17 this year does not, in itself, withdraw any existing quota for the community.

State files affidavit in High Court

The government filed an affidavit in response to a petition filed by advocate Syed Ejaz Abbas Naqvi challenging its decision to cancel the reservation for the Muslim community.

The petition claims the decision is arbitrary and amounts to “racial discrimination”, violating fundamental rights. It sought to quash the GR and stay its implementation.

It adds that the petition is “misconceived and devoid of merits”, and should be dismissed. “The present writ petition is misconceived… and fails to appreciate the legal effect of lapse of the Ordinance of 2014,” states the affidavit by Deputy Secretary Varsha Gunvantrao Deshmukh from the Social Justice and Special Assistance Department.

2014 ordinance had lapsed, says government

The government explained that the 2014 Ordinance granting 5% reservation to Muslims came into force on July 9, 2014, but lapsed on December 23, 2014, and was never converted into a law. Parts of it had also been stayed by the High Court in November 2014.

It added that admissions and appointments made during the Ordinance period were protected, but the government resolutions and circulars issued to implement it automatically became ineffective after the Ordinance lapsed.

According to the state, the 2026 GR only revokes those old circulars and resolutions. “It has nowhere nullified any quota or reservations for the Muslim community as alleged,” the affidavit said.

No enforceable right remains, state argues

Rejecting this, the government said no legal right exists once the Ordinance has expired. It also pointed out that reservation cannot be granted solely on the basis of religion under the Constitution.

“The petition raises no enforceable legal right and is based on generalized and political assertions,” the state said.

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It further clarified that the GR does not affect benefits already available to Muslim communities included in the Other Backward Classes (OBC) category.

Calling the petition “baseless” and lacking any real legal injury, the government has asked the court to dismiss it, and also consider imposing costs on the petitioner.

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