Karnataka State: The decision to abolish the 4% quota for Muslims will not be implemented until next week
NEW DELHI, April 18 (IANS) The Karnataka government on Tuesday assured the Supreme Court that it will not enforce its decision to scrap the 4 percent OBC Muslim quota in jobs and education for another week.
Attorney General Tushar Mehta, who is representing the Government of Karnataka, claimed before the panel of judges KM Joseph and BV Nagarathna that the state government would need more time to file an affidavit in the matter. Last week, the state government requested until Monday to submit its response. After hearing Mehta’s notes, the Supreme Court adjourned the hearing till 25 April.
The state government confirmed, on April 13, that it would not proceed with accepting any educational institutions or scheduling jobs under its March 27 order.
The Supreme Court had made some strong notes against the way the state government removed the 4 percent OBC quota for Muslims and placed them under the category of the Economically Weakest Section (EWS), saying the basis for decision-making was “too high”. shaky and flawed.”
The Supreme Court had told the Attorney General, who is representing the Karnataka government: “At first glance, we are telling you, the first thing is that the matter you have been through… seems to indicate that the basis of the decision-making process is very shaky and flawed… In an interim report , The state could have waited for a final report representing one side. What is the great urgency?”
Mehta said the court should allow the state government to give its response in the matter and the confessions will start in May and nothing will happen if the matter is heard next week whether on Monday or Tuesday.
“Please allow me to provide a response, these are original measures. There was no empirical data as a religion…..they (Muslims) were included on the basis of religion. It’s nothing unusual. Can’t you wait until April 17th?”
Senior advocates Kapil Sibal, Dushyant Dev, Prof. Ravivarma Kumar and Gopal Sankaranarayanan of petitioners L. Ghulam Rasool and others attended. Dave argued that keeping the government order in place would mean Muslims would continue to benefit from the 4 percent reservation and “if that doesn’t happen, they will lose out in education and employment… Why should we lose out at all?” This notification in and of itself is illegal and unconstitutional. “.
Sibal said that since the early 1990s they were backward and now they put them in a general category and after 23 years Muslims are in a general category without being studied. He pointed out that this is a direct violation of Article 14, and the entire notification is in violation of Article 14 and the withdrawal of the reservation.
He added, “As poor as I am, I will be in the general category.”
Dave reiterated that there is no study supporting the abolition of the Muslim quota.
After listening to detailed arguments, the council said that the decision was prima facie based on an erroneous assumption and was overturned because it was based on an interim report of the committee. The plaintiffs moved the Supreme Court to challenge the Karnataka government’s decision to scrap the Islamic quota.
SS / vd