Supreme Court Adjourns Plea Against Karnataka Govt Scrapping 4% Muslim Quota, Interim Order For 'No Admissions, Appointments' Extended till April 25

Team SoOLEGAL 20 Apr 2023 1:20pm

Supreme Court Adjourns Plea Against Karnataka Govt Scrapping 4% Muslim Quota, Interim Order For 'No Admissions, Appointments' Extended till April 25

New Delhi: The Supreme Court today adjourned the hearing on a petition challenging the Karnataka Government's Order (GO) repealing the nearly three-decade-old 4% OBC reservation given to Muslims under Category 2B.

The case will now be heard by a bench of Justices KM Joseph and BV Nagarathna on Tuesday i.e. 25.04.2023.

The Karnataka government last week has stated that no admissions or appointments would be made in accordance with its order until then.

"Nothing irreversible will happen," Solicitor General Tushar Mehta promised the Court when the case was first heard last week. The Court then recorded SG's submission that "no appointment or admission will be made on the basis of the impugned GO until 18.04.2023."

The court further asked the state to provide an affidavit on the matter.

The GO appears to be based on an interim report released by the Karnataka State Commission for Backward Classes. According to the court, the state may have waited for the final report before removing the reservations provided to Muslims in the state. The rejected GO appears to say that the foundation of the decision-making process is highly shaky and flawed.

"On their own, they (the Muslims) seem to have kept their position for a long period of time... According to the documents produced, "Muslims are backward, and then something changes," the court stated.

Senior advocates Kapil Sibal and Dushyant Dave argued in favour of the Muslim community that reservations should not be created for political reasons. According to Dave, on the basis of empirical evidence and facts, Muslims form a backward population in Karnataka and are entitled to reservations.

The Karnataka government removed the 4% reservation and distributed it uniformly amongst the Veerashaiva-Lingayats and Vokkaligas at 2% each.

Senior Advocate Mukul Rohatgi argued in favour of the Vokkaliga and Lingayat communities that the dispute is not only over the revocation of the reservations but also over giving reservations to a different community. He said that giving an interim stay on the GO would be harmful for the Lingayats and Vokkaligas.

Tagged: Supreme Court  
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