Bombay HC Hears Plea Challenging State Govt’s Scrapping Of 5 Per Cent Muslim Reservation
· Free Press Journal
Mumbai, Feb 20: A petition has been filed before the Bombay High Court challenging the Maharashtra government’s 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.
Plea challenges February 17 government resolution
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The plea, filed by advocate Syed Ejaz Abbas Naqvi, assails the Government Resolution (GR) dated February 17, 2026, 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.
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.
Challenging the ordinance/GR dated February 17, the petitioner 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 2014 quota decision
In July 2014, the then Congress-NCP government had announced 16 per cent reservation for the Maratha community and five per cent reservation for Muslims in government jobs and educational institutions by placing them under the Socially and Economically Backward Class (SEBC) category.
The decision was challenged before the High Court, which struck down the reservation in public employment but permitted five per cent reservation for the Muslim community in educational institutions.
New GR cancels earlier circulars
The new GR cancels all earlier decisions and circulars issued in 2014 concerning the five per cent reservation for Muslims under the Special Backward Category (A). It also stops the issuance of caste and non-creamy layer certificates to Muslims who were previously included in the category.
The petition states that the February 17 GR “prohibited Muslims backward castes to be equally represented in the administrative representation” and describes the move as “an unconstitutional and highly discriminatory” action by the State.
The petitioner clarifies that he supports 16 per cent reservation for Marathas, Kayasthas, Dhangars, and Kolis, and at the same time seeks quashing of the February 17 GR scrapping the certificate for the list of certain castes from Muslims for five per cent reservation for minority students.
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