HC seeks state’s stand on scrapping of 5% Muslim education quota

The Bombay High Court has asked the Maharashtra government to respond to a petition challenging the cancellation of 5% educational reservation for backward Muslim communities.

MUMBAI: The Bombay High Court on Thursday sought a response from the Maharashtra government on a petition challenging a Government Resolution (GR) dated February 17, which cancelled a 5% reservation in education for around 50 backward Muslim communities classified under the Socially and Educationally Backward Classes (SEBC) category.

HC seeks state’s stand on scrapping of 5% Muslim education quota

A division bench of justices R I Chagla and Advait Sethna directed the state authorities, including the Department of Social Justice and Special Assistance, to file their replies within three weeks. The court posted the matter for hearing on May 4.

The petition, filed by advocate Syed Ejaz Abbas Naqvi along with a social worker, termed the GR “violative of the Constitution”. It argued that the decision effectively bars backward Muslim communities from equitable representation in administrative and educational spheres, calling it discriminatory and unconstitutional.

The plea refers to a July 2014 decision by the then Congress–Nationalist Congress Party government in Maharashtra, which introduced 16% reservation for Marathas and 5% reservation for Muslims in government jobs and state-run educational institutions by placing them under the SEBC category.

While the Muslim quota did not extend to the entire community, it covered around 51 identified socially and educationally backward Muslim groups, largely comprising occupational and artisan classes. Beneficiaries were required to obtain caste and validity certificates, similar to other backward class categories.

The 2014 ordinance was challenged before the Bombay High Court the same year. The court struck down the quota in public employment but upheld the reservation for Muslims in education. The present petition contends that the recent GR abruptly withdraws even this limited educational benefit.

The petition further states that reservation policies must be based on empirical data relating to education, poverty, employment and social status, rather than broad caste classifications. It cautions that arbitrary policy changes could undermine social cohesion and constitutional governance.

Naqvi also submitted that reservations must be grounded in proper demographic surveys to meet constitutional requirements. He argued that the Muslim community, in general, continues to lag behind national averages in education and employment. The plea further alleged that while the state allocates over ₹350 crore annually to madrasa education, restricting access to mainstream educational opportunities for backward Muslim groups amounts to discrimination.