Maha planning 5% quota for Muslims in education: State minister Malik

Mumbai

Mumbai

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The Maharashtra Vikas Aghadi (MVA) government will introduce a law to set apart 5% of admissions in educational institutions for Muslims, the state’s minorities development minister Nawab Mallik said on Friday.

“Five percent reservation for Muslims in educational institutions can be implemented. A law to the effect will be brought as soon as possible,” Malik said in the Maharashtra legislative council, in response to a question by Congress legislator Sharad Ranpise over reservation for the Muslim community introduced by the Congress-Nationalist Congress Party (NCP) government in 2014.

The Bombay high court had in November 2014 struck down reservations for Marathas in government jobs and educational institutions and Muslims in jobs, but allowed the state to provide a quota for Muslims in education. The Bharatiya Janata Party (BJP)-Shiv Sena government chose not to earmark a quota for Muslims in educational institutions after it came to power in 2014.

Malik also told the House that the Shiv Sena was on the same page as its partners, the Congress and the Nationalist Congress Party, on the issue. Shiv Sena leader and he state’s urban development minister Eknath Shinde later told reporters that a decision on the issue was yet to be taken. “The decision on the reservation will be taken by the leaders of the three ruling parties together after due deliberation. Chief minister Uddhav Thackeray will take an appropriate decision in this connection at right time,” he said.

The state government already has 74 % for various sections in education and 75% in government jobs. It includes 12% for the Maratha community as an Educationally and Socially Backward Class (ESBC) in education and 13% in jobs as well as a 10% quota for economically weaker section introduced by the Centre last year. If the state government sets apart 5% of seats in educational institutions, quotas will reach 79% in Maharashtra.

Constitutional experts have expressed doubts over the sustainability of the legislation when it is introduced in Maharashtra, given that similar reservations have been struck down by the courts elsewhere for various reasons in the past.

Shreehari Aney, a former advocate general of Maharashtra, cited the Champakam Dorairajan verus state of Madras case of the 1960s when reservation for Brahmins was struck down by a court.

“It is not that it cannot be done. It can be done. But this is a very complicated issue. Religious reservation is quite different from backwardness reservation. So, in order to give it to a particular religion, there would be need to show in terms of Article 15 of the constitution that the religion deserves protection in matters of education,” he added.

On the fact that total reservation in Maharashtra would touch 79% if the quota is enforced , Aney said, “This will definitely be another basis for challenging the law in court.”

Another legal expert, advocate Uday Warunjikar said: “In India there are different such examples, where the state tried to introduce special reservation for persons belonging to the Muslim religion. Most of these examples have landed into legal trouble including in Andra Pradesh where 5% was introduced. but struck down by the court.”

“The government needs proper data to prove a certain religious community is in dire need of such a reservation. Without the data, it will be very difficult to sustain the legislation.”

The BJP-led government chose not to implement the Mujslim educational quota after coming to power in 2014, taking the stand that reservation cannot be made on the basis of religion.

On Friday, former chief minister and leader of opposition in the legislative assembly Devendra Fadnavis reiterated his party’s stand while opposing Malik’s announcement.

“Dr BR Ambedkar’s constitution does not approve the reservation on the basis of religion. The reservation to Muslims will affect the reservation granted to OBC {other backward class} and Maratha communities in the state,” he said.

Some analysts saw Malik’s announcement as a political move.

Analyst Hemant Desai said, “NCP wants to reach out to Muslim voters now as Vanchit Bahujan Aghdi’s Prakash Ambedkar took their votes and AIMIM (All India Majlis-e-Ittehadul-Muslameen) is trying to expand in Maharashtra. Congress’s position in terms of a support base is bad at present. NCP chief Sharad Pawar knows this. Sena, on the other hand is doing a balancing act and softening its stand on many issues.”