Mumbai, Feb 20 A petition has been filed in Bombay High Court challenging the Maharashtra government's decision to cancel 5 per cent reservation in education and jobs for the Muslim community, terming the move as "racial discrimination".
The petition filed by advocate Syed Ejaz Abbas Naqvi challenged the government resolution of February 17 issued by the Department of Social Justice and Special Aid of Maharashtra terming it as being violative of the Constitution and against the interests of the Muslim community.
"The respondent (Maharashtra government) is practicing racial discrimination with the persons of a minority community i.e. the Muslim community. This is in violation of the fundamental rights enshrined in the Constitution," the plea said, adding there is no rationale behind the government's decision to cancel the quota.
The petition is likely to be taken up for hearing by the HC next week.
The petitioner's advocate Nitin Satpute said the plea has sought HC to quash the February 17 resolution issued by the government and, by way of interim order, stay its operation pending hearing of the petition.
As per the plea, in July 2014, the then Congress-NCP government announced 16 per cent reservation for Maratha community and 5 per cent reservation for Muslims in government jobs and educations placing them under Socially and Economically Backward Class category.
This ordinance was challenged in the HC, which struck down the reservation for jobs but allowed 5 per cent reservation for the Muslim community in education, the plea said.
As per the new GR, all previous decisions and the ordinance related to 5 per cent reservation in government, semi-government jobs and educational institutions for the socially and educationally backward Muslim group included under the Special Backward Category (A) have been cancelled.
The government has cancelled the earlier decisions and circulars from 2014 and stopped issuing caste and non-creamy layer certificates to Muslims in the Special Backward Category, the new order said.
