Blunting the criticism from the Opposition over the scrapping of an Ordinance for Muslim reservations, Maharashtra Chief Minister Devendra Fadnavis informed the State Assembly on Wednesday that his Government was seeking legal counsel for promulgating a fresh ordinance on reservation to the minority community.
More than a week after the BJP-led saffron alliance Government scrapped the ordinance on reservations to Muslims promulgated by the previous DF Government, the CM hit out at the Congress-led Opposition for indulging in vote bank politics over the Muslim reservations.
On a day when a heated exchange of words witnessed between the Opposition members and their counterparts in the treasury benches resulted in a brief adjournment of the House, Fadnavis said that his Government was consulting legal experts on the issue of promulgating a fresh ordinance on Muslims.
“The judgements passed by Supreme Court and High Court in matters of Muslim reservation are conflicting. That’s why we are in the process of seeking legal opinion on the issue," the CM said. In his elaboration, Fadnavis said, "The issue of reservation is still in courts and only an interim order has been given. There is no verdict yet in the case. We will go by the constitutional framework".
Castigating the Congress and NCP for their lack of concern for Muslim community except for garnering their votes, the CM wanted to know from the two parties as to why they had given away vast tracts of Wakf land to private players, while they were in power.
Fadnavis said that the State Government had already made it clear that all Muslim students, who had availed admission in educational institutions under the quota, would be protected. "In fact, seven per cent admissions have taken place under the Muslim quota," he said.
The CM came out with a clarification on the Muslim reservation issue, after leader of the Opposition Radhakrishna Vikhe Patil raised the issue through an adjournment notice. Vikhe-Patil charged that the saffron alliance Government had scrapped the ordinance despite a ruling by the Bombay High Court that upheld five per cent reservations to Muslims in educational institutions.
Earlier, State Revenue Minister Eknath Khadse wondered as to why the Congress had not felt the need for making reservations to Muslims during the last 50 years of its rule in the state. The BJP-led saffron alliance Government, it may be recalled, had early this month scrapped the ordinance on reservations to Muslims.
“The ordinance dated December 23, 2014 could not be converted into an Act. In view of this situation, we have decided to scrap this ordinance,” the General Administration Department (GAD) of the State Government had stated in a circular issued on March 3.
The previous DF Government had — the run up to the State Assembly polls — promulgated an ordinance on July 9, 2014 allowing 16 per cent reservation for Marathas and five per cent for Muslims in Government jobs and State-run schools and colleges.
The DF Government’s decision was subsequently challenged in the Bombay High Court. In its ruling given on November 11, 2014, a HC bench, headed by Chief Justice Mohit Shah, stayed 16 per cent reservations granted to Marathas and also the state government’s decision to provide five per cent reservation to Muslims in government jobs.
However, the HC bench 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 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.