Reviving the DF Government’s stalled move of 2014, Maharashtra Minorities Affairs Minister Nawab Malik on Friday announced that the State Government would soon come out with a legislation according 5 per cent reservations to Muslims in educational institutions in the state.
Replying to a question raised by Congress member in the Maharashtra Letgislative Council, Malik said: “At that time, the Bombay High Court had given a go-ahead for 5 per cent reservations to Muslims in educations but the previous BJP-led Government did not take any action on the HC directive. That being the case, we will soon come out with a law in this regard as soon as possible”.
Opposing Malik’s announcement, senior BJP MLC Vijay Girkar said that reservations could be given on the basis of religion as per the Constitution.
Seeking to quell the speculation that the Sena might oppose reservations to Muslims in educational institutions as it had done in the past when it was in alliance with the BJP, Mailk said: “Everyone was looking at Shiv Sena in the house, after I made this announcement. Let me assure you all that we have the Shiv Sena’s support. The Sena has assured us that all social problems faced by backward classes, castes and communities will be resolved. Like others, Muslims will be given justice. The Sena may have opposed the move when it was in alliance with the BJP, but it with us and is supporting the reservations to Muslims in educational institutions”.
It may be recalled that on November 14, 2014, the Bombay High Court had stayed an ordinance promulgated by the then Congress-led DF government ahead of the State Assembly polls extending 16 per cent reservations to Marathas and five per cent to Muslims, saying that they were not in conformity with the law laid down by the Supreme Court in three cases.
However, a HC bench, headed by Chief Justice Mohit Shah, had allowed reservations to Muslims in educational institutions, on the ground at that their educational achievements were "abysmally low" and that there was a need to draw them into the "mainstream of secular education". The court had ruled that admissions given to Muslims on the basis of such reservations this year would not be disturbed and students would be allowed to continue their courses.
With the ordinance promulgated by the DF Government having lapsed, Muslims no longer enjoy any reservations in the State.
On its part, the previous BJP-led government – without bothering to follow up on the nod for reservations to Muslims in educational institutions – in November 2018 announced 16 per cent reservations for Marathas in educational institutions and government jobs. However, the state government’s decision was subsequently challenged in the Bombay High Court.
On June 27, 2019, the Bombay High Court on Thursday upheld the previous government’s decision to accord reservations to the Maratha community, but directed the Devendra Fadnavis dispensation to bring down the quantum of the approved reservation from 16 per cent to 12 per cent in educational institutions and 13 per cent in government jobs.
After upholding the “legislative competence” of the State government to create a separate category of the Socially and Educationally Backward Classes (SEBC) and grant reservation, a HC bench of Justices Ranjit More and Bharati Dangre noted that 16 per cent of reservations as approved by the government “is not justifiable”.
However, the HC bench ordered the state government to bring down the reservation for Marathas from 16 per cent to 12 per cent in educational institutions and to 13 per cent in Government jobs.
"We hold and declare that the State Government possesses legislative competence to create a separate category of the Socially and Educationally Backward Class and grant reservation," the Judges said.
“We hold and declare that the report of the Gaikwad Commission has set out the exceptional circumstances and extra-ordinary situations justifying crossing of the limit of 50% reservation as set out in Indra Sawhney's case, “ the judges noted.
Ater taking into account the June 7, 2019 high court order, Maharashtra currently has 65 per cent reservations in jobs and 64 per cent reservations in educational institutions. If the state government accords five per cent reservations in educational institutions, the reservations in educational institutions will go up to 69, far above the 50 per cent reservations prescribed by the Supreme Court.
