HC seeks Maharashtra Govt reply on scrapping of 5% Muslim quota, policy roots in 2014 decision

The Bombay High Court on Thursday sought a response from the Maharashtra government on a petition challenging the scrapping of a 5 per cent reservation for Muslims in education and public sector opportunities, bringing renewed focus on the origins, legal trajectory and political context of the policy.

A division bench of Justices R I Chagla and Advait Sethna directed the state to file its affidavit within three weeks and posted the matter for further hearing on May 4.

The quota traces back to July 2014 , when the then Congress–NCP government introduced a 5 per cent reservation for Muslims alongside a 16 per cent quota for the Maratha community . The move was positioned as a welfare measure aimed at addressing socio-economic and educational backwardness among sections of the Muslim community, citing their underrepresentation in higher education and government employment.

However, the policy soon faced legal challenges. The High Court, in earlier proceedings, struck down the reservation in jobs but allowed the 5 per cent quota in education to continue, leaving the measure partially in force and legally contested.

The latest development stems from a February 17 government resolution , through which the state scrapped all previous decisions and circulars related to the Muslim quota. The order also discontinued the issuance of caste and non-creamy layer certificates under the category through which the reservation was implemented, effectively dismantling the framework supporting the policy.

The petition, filed by advocate Syed Ejaz Abbas Naqvi, contends that the scrapping is unconstitutional and discriminatory, arguing that it violates fundamental rights and lacks a rational basis. It further alleges that the move adversely affects a minority community that had been recognised as socially and educationally backward.

While the state has not publicly detailed its reasoning in the resolution, the decision is widely viewed in the context of constitutional constraints on religion-based reservations , which require demonstrable backwardness supported by empirical data. The move also reflects a policy shift under the current administration , contrasting with the earlier Congress–NCP government that introduced the quota.

The issue has long carried political overtones, with parties divided over the legitimacy of such measures. Proponents have defended it as necessary affirmative action, while critics have termed it inconsistent with constitutional principles.

With the matter now under judicial review, the court’s eventual ruling is expected to clarify the balance between affirmative action policies and constitutional safeguards , and determine the future of such reservations in the state.