SC to hear on April 25 petitions against scrapping of 4% Muslim quota in Karnataka

Satya Prakash

New Delhi, April 18

The Supreme Court on Tuesday deferred to April 25 hearing on petitions challenging the Karnataka government’s decision to scrap four per cent reservation for Muslims under the OBC category in government jobs and educational institutions and distribute it equally to Vokkaligas and Lingayats after the state government sought time to respond.

A Bench led by Justice KM Joseph, however, made it clear that the assurance given by the Karnataka Government on April 13 that no quota benefits in government jobs and educational institutions will be given to Vokkaligas and Lingayats would hold good till April 25. 

On behalf of the Karnataka Government, Solicitor General Tushar Mehta told the Bench that he would be busy arguing before a Constitution Bench hearing the issue of same-sex marriage. He said the state government’s response would be filed over the weekend.

The Bench posted the matter for hearing on April 25 after senior advocate Kapil Sibal, representing the petitioners, did not object to Mehta’s request.

The Supreme Court had on April 13 questioned the Karnataka government’s decision to scrap the four per cent reservation for Muslims under OBC category in government jobs and educational institutions, saying prima facie it appeared to be based on “fallacious assumptions”.

“Prima facie, the impugned GO (Government Order) appears to suggest that the foundation of the decision-making process is “highly shaky and flawed”…This government order is based on completely fallacious assumptions. This reservation has been given since 1994… they (Muslims) have been enjoying it for a very long time…On the basis of documents produced, Muslims are backward and then suddenly it’s changed,” the Bench had said.

Mehta had assured the Bench that nothing irreversible will happen until the matter was taken up for hearing.

The Bench – which also included Justice BV Nagarathna, had asked the Karnataka Government and the counsel representing the Vokkaliga and Lingayat communities to respond to the petitions filed by Muslims.

Senior advocate Mukul Rohatgi, representing members of Vokkaliga and Lingayat communities, had opposed any interim order without allowing them to be heard. He said reservation can’t be based on religion.

After the Karnataka Government’s March 27 decision – that came weeks before the May 10 assembly elections, Muslims will be eligible to vie for 10 per cent reservation under the Economically Weaker Sections (EWS) category while the 4% quota enjoyed by them for three decades stood distributed equally between Veerashaiva-Lingayats and Vokkaligas – considered to be numerically dominant and politically influential communities in the state.

The petitioners contended that no study had been conducted and there was no empirical data available with the state government to scrap the quota for Muslims in public employment and education. “Minority community needs Court’s protection…Reservation is not largesse, it’s a right,” Sibal had submitted.