Karnataka govt’s decision to scrap 4% Muslim quota prima facie flawed: SC

New Delhi: The Karnataka government’s decision to scrap four per cent Muslim quota ahead of the assembly polls Thursday came under the scanner of the Supreme Court, which questioned the government order and said prima facie it appeared to be on a “highly shaky ground” and “flawed”.

Taking note of the observations, the Karnataka government assured the top court it will put on hold its March 24 order by which it had given quotas in admission to educational institutions and appointment in government jobs to Vokkaligas and Lingayats, till April 18, the next date of hearing.

The four per cent reservation for Muslims was to be equally split between the two communities.

The top court said from the records tabled before it appears that the Karnataka government’s decision is based on “absolutely fallacious assumption”.

A bench of Justices KM Joseph and BV Nagarathna, which gave time till April 17 to the state government and counsel representing members of Vokkaliga and Lingayat communities to file their response to a batch of petitions challenging the government order, recorded that no admissions or appointments will be made till April 18 on the basis of the impugned order.

Senior advocates Kapil Sibal, Dushyant Dave and Gopal Sankarnarayanan, appearing for members of the Muslim community from Karnataka said no study was conducted and there was no empirical data available with the government to scrap the quota for Muslims.

Solicitor General Tushar Mehta, appearing for Karnataka, sought some time to file replies to the petitions and assured the bench that nothing irreversible will happen till Tuesday and no appointments and admissions will be made in the meantime based on the March 24 GO challenged by the petitioners.

During the hearing, the bench told Mehta, “On the basis of the documents and materials produced before us it appears that Muslims were backward and then suddenly it has changed. As a student of law, it prima facie seems that the government order is based on absolutely fallacious presumptions.”

Justice Joseph told Mehta, who was seeking time to file response to the petitions, “We are just saying that prima facie the order you have passed appears to suggest that the foundation of your decision is on highly shaky ground and flawed.” Justice Nagarathna questioned the urgency with which the government issued the order and said it was based on an interim report and that the state could have waited for the final report.

Mehta said, “Nowhere quota can be granted on the basis of religion and if it has been granted then it is a mistake. It is not that the entire Muslim community has been denied quota in Karnataka. They have been granted a 10 per cent quota in the Economically Weaker Section (EWS) category. There are certain other Muslims communities like Pinjara, Mansoori etc., who fall under OBC category and they are still getting the quota.”