'Flawed': SC slams Karnataka govt on scrapping 4% Muslim quota

Supreme Court on Thursday slammed the Karnataka government for scrapping the four per cent reservation for the OBC Muslims and said the move appeared to be on a "highly shaky ground" and "flawed".

A bench of Justices KM Joseph and BV Nagarathna took note of the tabled records before the court and said that the Karnataka government's decision is based on "absolutely fallacious assumption".

The Karnataka government scrapped the quota for Muslims without conducting any study and it does not have empirical data to justify its decision, senor advocates Kapil Sibal, Dushyant Dave and Gopal Sankarnarayanan, appearing for members of the Muslim community, informed the court.

Solicitor General Tushar Mehta, appearing for Karnataka, sought some time to file replies to the petitions and assured the bench that no appointments and admissions will be made in the meantime based on the March 24 government order which has been challenged by the petitioners.

Senior advocate Mukul Rohatgi, appearing for members of the Vokkaliga and Lingayat communities, said no interim order should be passed without allowing them to place their response to the petitions.

The bench posted the matter for further hearing on April 18 and asked Mehta and Rohatgi to file their responses.

The state's Basavaraj Bommai government decided to scrap the four per cent reservation for Muslims in government jobs and educational institutions weeks ahead of the state assembly polls on May 10.

Just days before the Eleciton Commission announced the poll date for Karnataka, the Basavaraj Bommai-led state government announced that it was scrapping the 4 per cent reservation for Muslims under the Other Backward Classes (OBC) quota.

The 4 per cent quota would be equally shared by between dominant Vokkaligas and Lingayat communities. "A cabinet sub-committee recommended the changes in quota categories and we have done it," the Karnataka CM had said. Muslims had come under Category 2B and now they will compete with EWS quota, which has Brahmins, Vysyas, Mudaliyars, Jains and others.

Responding to the court's observation, Chief Imam and Khateeb of Jamia Masjid in Bengaluru Maulana Mohammed Maqsood Imran Rashadi said Muslims should be given whatever is due for them, with regard to the four per cent reservation for them in jobs.

"We believe that whatever is due for Muslims should be given just as others are getting. Rest is left to Allah whom we believe in," Rashadi told PTI.