Supreme Court Halts Karnataka Government’s Decision to Scrap Muslim Quota: Hearing Deferred Until May 9
25-04-2023 : The Supreme Court has directed that the Karnataka government’s decision to scrap the four percent quota for Muslims will not be implemented until May 9, after the state sought time to file its reply. The bench of Justices KM Joseph and BV Nagarathna ruled that the previous four percent quota for Muslims will continue to be in effect until May 9, when the matter will be heard again, without prejudice to the state government’s contentions.
Solicitor General Tushar Mehta, representing the state government, informed the court that he would be filing the reply on the same day but requested an adjournment due to personal difficulties. Senior advocate Dushyant Dave, appearing for the petitioners, opposed the request for adjournment, stating that the hearing had already been deferred four times. Mehta argued that the interim order passed by the court is already in favor of the petitioners.
Dave requested the court to record Mehta’s submission that the impugned orders scrapping the quota for Muslims will not be implemented, and the earlier order of March 30, 2002, granting the quota will remain in effect until the next date of hearing. The bench agreed with Dave’s request and recorded the submission, while scheduling further hearing for May 9.
On April 18, the top court had deferred the hearing on a batch of pleas challenging the scrapping of the four percent Muslim quota until April 25. The court had also recorded the assurance given by the state government on April 13 that no quota benefits in admission to educational institutions and government jobs will be given to Vokkaligas and Lingayats until the next date of hearing.
The Karnataka government’s decision to scrap the four percent Muslim quota ahead of the assembly polls had been questioned by the Supreme Court, which had described it as “highly shaky ground” and “flawed”. In response to the court’s observations, the Karnataka government had assured the top court that it would put on hold its March 24 orders granting quotas to Vokkaligas and Lingayats until the next date of hearing. The four percent reservation for Muslims was supposed to be equally split between the two communities. The top court had noted that the Karnataka government’s decision was based on “absolutely fallacious assumption” according to the records presented.
