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Maharashtra Scraps 2014 Muslim Reservation GR, a Decade-Late Formality

The Maharashtra government has formally cancelled a 2014 Government Resolution that provided a 5% reservation to Muslims in education and government jobs. This provision had been legally invalid for over a decade, as the original ordinance lapsed in 2014 and was later cancelled by the Supreme Court. The new GR declares all related decisions void, meaning no further admissions or certificates will be issued under this category. Officials state the move is largely a procedural formality, as the reservation has not been in effect since 2014.

Key Points: Maharashtra Cancels 2014 Muslim Reservation GR

  • 2014 ordinance granted 5% quota
  • Lapsed in 2014, invalidated by Supreme Court
  • Formal cancellation issued in Feb 2024
  • No new admissions or certificates under category
  • Move is a procedural formality
2 min read

Maharashtra scraps 2014 GR on 5% Muslim reservation, though provision already invalid for over a decade

Maharashtra govt formally scraps 2014 GR for 5% Muslim quota, a provision invalidated by courts and lapsed over a decade ago.

"This GR is to cancel a reservation that has not been in effect for well over a decade."

Mumbai, February 18

The Maharashtra government's social justice department on Tuesday issued a government resolution and cancelled its earlier resolution of granting 5% reservation to the Muslim community for educational institutions and government and semi-government jobs, a provision that had been legally invalidated over a decade ago.

The Reservation, introduced in July 2014 through an ordinance, classified Muslims under the Special Backwards Class-A (SBC-A) category and applied to government jobs and educational institutions. However, the ordinance was challenged in the Mumbai High Court, which stayed it on November 14, 2014.

Since the ordinance was not enacted into law by the Maharashtra legislature by the December 23, 2014, deadline, it lapsed automatically. The Supreme Court later cancelled the reservation while deciding a Special Leave Petition (SLP) against the Bombay High Court order, effectively invalidating the provision.

Despite the lapse of the ordinance and the Supreme Court's order, the Maharashtra government had not formally cancelled the original GR through any official order until now.

With the GR now formally cancelled, the government has declared all related decisions and communications void. This means no further admissions will be granted under the 5 per cent reservation in colleges and educational institutions, and no new caste or validity certificates will be issued under this category.

However, the GR issued on Tuesday is largely a formality, as the said reservation has not been in existence for well over a decade due to two key reasons- the supreme court cancellation of the order through SLP order and the automatic lapse of the ordinance after it was never brought before the Maharashtra legislatures as a bill to make it a law following the court order.

This GR is to cancel a reservation that has not been in effect for well over a decade.

- ANI

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Reader Comments

P
Priya S
This is confusing for students and job seekers. If it was invalid for a decade, why were people possibly still hoping or applying under it? The administration should have been clearer much earlier. Transparency is key in such sensitive matters.
A
Aman W
The real issue is the socio-economic backwardness, not religion. Reservation should be based on economic criteria and actual ground reality. The courts were right to strike this down. Hope this closure allows for a more rational discussion on equitable development for all communities. 🙏
S
Sarah B
As an outsider following Indian politics, this seems like a very technical, legal story. But it highlights how slow bureaucratic processes can be. A decade to formally cancel a defunct order? That's inefficiency.
K
Karthik V
Finally some clarity. This dangling GR created unnecessary confusion. The rule of law must be followed, and the Supreme Court's decision is final. Now the government must ensure educational and employment opportunities are truly merit and need-based.
M
Meera T
While legally correct, one must think of the intent behind the 2014 ordinance. It was to address a genuine gap. Its failure points to a larger problem in our policy-making - announcements are made without ensuring they are legally sound. We need better drafting and foresight.

We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.

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