Mumbai: The BJP-led Maharashtra government has formally nullified the 5 per cent quota provided to Muslims in jobs and education, introduced by the erstwhile Congress-NCP dispensation in 2014 through an ordinance, but which never became a law, putting an end to the legal limbo.
The move evoked sharp reactions from the Opposition, which flayed the government for its “anti-minority” mindset, and questioned the logic behind withdrawing an ordinance that had lapsed years ago.
The latest decision also brought to the spotlight the legal battle that once defined the policy.
The reservation was initially introduced under the Special Backward Class-A (SBC-A) category by the then Prithviraj Chavan government, in which NCP (undivided) was a junior partner and late Ajit Pawar was Deputy CM.
In November 2014, the Bombay High Court stayed the 5 per cent job quota but allowed it for educational institutions.
Because the ordinance was not passed into law by the Maharashtra legislature by the deadline of 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, under Devendra Fadnavis, came to power after the 2014 elections. It didn’t convert the ordinance into a law, arguing that the court had not upheld it and that it was unconstitutional.
As per the new GR (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. Alleging injustice to Muslims, Congress leaders termed the decision to scrap the Muslim quota “harmful to democracy”, which would push the community away from the mainstream.
The NCP (Sharadchandra Pawar) said the quota cancellation decision proves that the BJP doesn’t value Muslim leaders of the party and its allies.
“It 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.