Karnataka govt decision scrapping 4% quota to Muslims not to be implemented till further orders: SC

Supreme Court

The Supreme Court on May 9 asked Karnataka government not to implement its decision to scrap the four percent OBC reservation to Muslims till the court passes any further orders in the case.

The court passed the order recording Solicitor General's statement from April 13 that no appointments/admission will be made on the basis of the government's order scrapping the reservation.

A bench led by Justice KM Joseph passed the order after Solicitor General Tushar Mehta, who appeared for Karnataka State asked the court to defer hearing the case as he has to appear before Constitution Bench. The court has now adjourned the hearing of the case to July 25.

When Solicitor General made the request for adjournment, petitioners who have challenged the scrapping of reservation contended that Home Minister Amit Shah had recently made a statement saying that the 4 percent reservation was unconstitutional, despite the case being sub-judice. The Solicitor General strongly objected to the petitioners raising such an issue and said that the court was not a political battleground.

The bench despite expressing displeasure over the Home Minister's statement, did not record the same in their order and proceeded to adjourn the case to July 25.  With the case getting adjourned to July, a fresh bench will have to be constituted to hear it as Justice KM Joseph is set to retire in June.

On April 25, the bench had deferred the hearing of the case till May 9 with a similar order.

On April 18, the top court had deferred till April 25 hearing on a batch of pleas challenging scrapping of the four percent Muslim quota.

It had recorded the assurance given by the state government on April 13 that no quota benefits in admission to educational institutions and appointment in government jobs will be given to Vokkaligas and Lingayats till the next date of hearing.

On April 13, the Karnataka government's decision to scrap four percent Muslim quota ahead of the assembly polls came under the scanner of the Supreme Court, which questioned the government order and said prima facie it appeared to be on a "highly shaky ground" and "flawed".

Taking note of the observations, the Karnataka government had assured the top court that it will put on hold its March 24 orders by which it had given quotas in admission to educational institutions and appointment in government jobs to Vokkaligas and Lingayats, till the next date of hearing.

The four percent reservation for Muslims was to be equally split between the two communities.

The top court said from the records tabled before it appears that the Karnataka government's decision is based on an "absolutely fallacious assumption."