The petitioner calls the move unconstitutional, seeks restoration of benefits in jobs and education
MUMBAI/NEW DELHI — The Government of Maharashtra has told the Bombay High Court that the 2014 ordinance granting five per cent reservation to Muslims had lapsed the same year and was never converted into a permanent law.
The submission came through an affidavit filed by the state’s Social Justice and Special Assistance Department in response to a petition challenging a government order issued on 17 February 2025.
The petition, filed by advocate Syed Ejaz Naqvi, alleges that the February order effectively removed reservation benefits for Muslims in government jobs and education, calling it discriminatory and unconstitutional.
However, the state government rejected this claim, stating that no such reservation existed in law after December 2014. “The ordinance granting the reservation lapsed in 2014 itself and was never replaced by a valid statute. Therefore, no existing right has been taken away,” the affidavit said.
According to the affidavit, the 2014 ordinance introduced by the then-state government was temporary in nature and required legislative approval to continue. Since it was not passed into law by the legislature, it automatically expired the same year.
The government maintained that the February 2025 order was issued in line with legal provisions and did not remove any active quota. “There has been no violation of constitutional provisions, nor any discrimination,” the state said.
It further argued that the Constitution of India does not permit reservations solely based on religion. “Relief sought in the petition cannot be granted on that basis,” the affidavit added.
The government also emphasised that law-making falls within the domain of the legislature, and courts cannot direct the state to enact or revive a law.
In his plea, Naqvi described the government’s move as “racial discrimination” and argued that it violates constitutional guarantees of equality.
“The order has effectively deprived the Muslim community of reservation benefits in jobs and education,” he said, pleading the court to set aside the February notification.
He also questioned the withdrawal of certificates linked to the earlier classification of Muslims under a special backward category, arguing that it has affected beneficiaries.
In July 2014, the then Congress-NCP government in Maharashtra introduced an ordinance granting 16 per cent reservation to the Maratha community and five per cent to Muslims in jobs and education, categorising them as socially and economically backward.
The decision was later challenged in court. The high court struck down reservations for Muslims in government jobs but allowed a five per cent reservation in education to continue for a period.
Since the measure was introduced through an ordinance and not passed by the legislature, it lapsed in December 2014. No subsequent law was enacted to continue the quota.
The matter is now before a division bench comprising Justice Riaz Iqbal Chagla and Justice Advait Sethna. The court is expected to hear the case on 4 May.
Legal experts say the outcome will depend on how the court interprets the status of the 2014 ordinance and the scope of reservation policies under constitutional provisions.
For now, the case continues to draw attention, particularly among members of the Muslim community, as it relates to access to education and public employment opportunities.
