Petition filed by Advocate Ejaz Naqvi
Advocate Ejaz Naqvi has approached the Bombay High Court against the Maharashtra Government’s decision to withdraw a 5% educational reservation for the Muslim community.
He has challenged a Government Resolution (GR) dated February 17, issued by the Department of Social Justice and Special Aid, Maharashtra. The GR withdraws a 2014 Ordinance that granted 5% reservation in education to about 50 castes within the Muslim community.
What the plea says
Naqvi argues that the withdrawal violates the constitutional principles of equality and fraternity. He claims the decision harms the Socially and Educationally Backward Classes (SEBC) and the Muslim community.
He also contends that the move affects the basic structure of the Constitution. In his plea, he refers to the promise of constitutional rights as being “promised to all of us including to our ancestors in 1946.”
Background: 2014 reservation decision
According to the petitioner, the Congress–NCP-led State Government decided in July 2014 to:
- grant 16% reservation to the Maratha community, and
- provide 5% reservation to Muslims for government jobs and education.
Naqvi states that the Muslim quota was challenged in the High Court in 2014. He claims the Court allowed it for education, but not for public employment. He adds that around 50 backward castes among Muslims have benefited from the 5% education quota since then.
“No objections” and lack of data, petitioner claims
The petition claims that no one objected to the 5% education quota “till date.” It also states that no complaint was filed before the Backward Classes Commission.
Naqvi alleges the State removed the quota without strong reasons. He further says the Government has not produced “quantifiable” data to justify withdrawing the 5% educational reservation.
