SC adjourns hearing on Karnataka’s decision to scrap 4% Muslim quota

The Supreme Court has adjourned hearing on a plea challenging the order of the Karnataka government which scrapped the 4 per cent OBC reservation provided to Muslims under Category 2B.

The undertaking made by the Karnataka government last week that no admissions or appointments would be made in pursuance of the GO, will continue till then.

"Nothing irreversible will happen," Solicitor General Tushar Mehta had assured the Court last week, when the matter was first heard. The Court had then recorded the submission of SG that "no appointment or admission is going to be made till 18.04.2023 on the basis of the impugned GO."

The court has also asked the state government to file an affidavit in connection with the case.

The GO is apparently based on an interim report of the Karnataka State Commission for Backward Classes. The court said that the state could have waited for the final report before it revoked reservations provided to Muslims in the state. Prima facie, the impugned GO appears to suggests that the foundation of the decision making process is "highly shaky and flawed", it had said.

"On the face, they (Muslims) have been enjoying this position for a very long time...On basis of documents produced, Muslims are backward and then suddenly it is changed," Justice K M Joseph had said.

Appearing for the Muslim community, senior advocates, Kapil Sibal and Dushyant Dave had said that the reservations cannot be for political reasons. Dave said that on the basis of the empirical data and material, it has been found that Muslims are a backward community in Karnataka and they were entitled for reservations.

The Karnataka Government had scrapped the 4 per cent reservation and distributed the same equally among the Vokkaligas and Lingayats.