Mumbai, February 18 – The Maharashtra government, led by the BJP, has formally revoked the 5% quota for Muslims in jobs and education, introduced in 2014 through an ordinance by the previous Congress-NCP dispensation. This ordinance, which never became law, ends the legal ambiguity.
The move has drawn sharp criticism from the opposition, which has accused the government of having an "anti-minority" mindset and questioned the rationale behind withdrawing an ordinance that had expired years ago.
The decision also highlights the legal battle surrounding the reservation.
The reservation was initially introduced under the Special Backward Class-A (SBC-A) category by the then Prithviraj Chavan government, with the NCP (undivided) as a junior partner and Ajit Pawar as Deputy Chief Minister.
In November 2014, the Bombay High Court stayed the 5% job quota but allowed it for educational institutions.
Since the ordinance was not passed into law by the Maharashtra legislature by December 23, 2014, it automatically lapsed.
Subsequently, the Supreme Court invalidated the reservation by cancelling it during the hearing of a Special Leave Petition against the Bombay High Court's order.
The BJP-Shiv Sena government, led by Devendra Fadnavis, came to power after the 2014 elections. It did not convert the ordinance into a law, arguing that the court had not upheld it and that it was unconstitutional.
According to the new Government Order issued on Tuesday, all previous decisions and the ordinance related to the five per cent reservation in government, semi-government jobs, and educational institutions for the socially and educationally backward Muslim group included under the Special Backward Category (A) have been cancelled.
The government stated that the earlier decisions and circulars from 2014 have been cancelled, and the issuance of caste and non-creamy layer certificates to Muslims in the Special Backward Category has been stopped.
Congress leaders have condemned the decision to scrap the Muslim quota, calling it "harmful to democracy" and potentially marginalizing the community.
The NCP (Sharadchandra Pawar) said the quota cancellation decision proves that the BJP doesn't value Muslim leaders of the party and its allies.
"This also shows that these Muslim leaders won't get justice from the BJP," said NCP (SP) spokesperson Clyde Crasto.
Samajwadi Party leader Abu Asim Azmi questioned the rationale behind formally withdrawing an ordinance on the quota that had already lapsed years ago amid a change of government and a lack of legislative follow-up.
"The 2014 ordinance never became a confirmed law and lapsed. Why make a formal announcement to invalidate something that was already ineffective? If the intent was social justice, the incomplete process should have been pursued with a strong legal foundation," Azmi said in a statement.
He suggested that sub-classification within the Socially and Educationally Backward Classes (SEBC) category could ensure equitable distribution of reservation benefits, provided it remains within the 50 per cent cap and is backed by reliable data and surveys.
"Social justice is not a political game; it is the soul of the Constitution," Azmi added.
Mumbai Congress president Varsha Gaikwad said the decision contradicts the BJP's 'Sabka Saath, Sabka Vikas' agenda.
"The Congress-NCP government in 2014 announced a five per cent reservation in education and jobs for the Muslim community, but Chief Minister Devendra Fadnavis failed to take positive steps in that direction," said the MP from Mumbai North-Central.
The Bombay High Court had upheld the five per cent reservation in education for the Muslim community, but the state government did not implement it fully, Gaikwad said.
Former state Congress working committee member Naseem Khan said the decision was “extremely wrong” and would deprive minorities of opportunities to join the mainstream of development.
Calling the government "anti-minority", Khan further alleged that several welfare schemes for minorities launched by the earlier Congress-led government had been discontinued and scholarships for students curtailed.
AIMIM leader and former MP Imtiaz Jaleel said the move to cancel the Muslim quota shows that the BJP does not want youths from the minority community to become IAS and IPS officers.
"They want Muslim youths to run autorickshaws, wash their cars and do such menial jobs only," he alleged.
"Leaders of the ruling party still have the mentality of keeping the Muslim community at a stage where its members wash their cars, fry 'pakodas' and drive autorickshaws. They have a similar attitude towards the Dalit community. They don't want the youth from the Muslim community to become IAS and IPS officers," Jaleel told reporters in Chhatrpati Sambhajinagar.
