The State government will take a decision on bringing 5% reservation for Muslims in educational institutions soon, Minority Affairs Minister Nawab Malik said in the Legislative Council on Friday. However, the Bharatiya Janata Party demanded to know whether Shiv Sena had agreed to this as a “setting” during government formation with Congress and Nationalist Congress Party.
Mr. Malik was responding to a question by Sharad Ranpise (Congress) who wanted to know, “On July 9, 2014, the then government had come out with an ordinance allowing 5% reservation for Muslims in jobs and educational institutions and had issued orders to implement it. The High Court had approved of reservation for Muslims in government jobs and educational institutions and given such directions to the government. What is the status of this reservation and when will it be implemented?”
In his written response, Mr. Malik mentioned a 2014 interim high court order that allowed reservation in government and aided educational institutions but stayed a decision on private unaided institutions and government jobs. The ordinance did not become a law in six months and had therefore lapsed. The matter is still sub-judice, he said.
In 2018 as well as in 2019, the then Sena-BJP government had ruled out reservations for Muslims citing various court orders.
During Friday’s discussion, Bhai Girkar said, “Andhra Pradesh gave reservation to Muslims but it was rejected by Supreme Court. Then how will you do it? When reservation was given to Marathas, a commission was appointed to prove backwardness.”
Vinayak Mete (BJP) said, “The State Backward Class Commission cannot recommend reservation based on religion. In order to give a legally valid reservation, what steps will be taken?”
During the debate, Mr. Malik said, “While giving reservation to Maratha community, a lot of legal measures were taken. Similarly, a decision to give reservation to Muslims will be taken soon. The government is positive, even Shiv Sena MLAs are positive. Government will take a decision to bring it by May before admissions or as soon as possible.”
Council chairman Ramraje Nimbalkar instructed that “Sustainable reservation for Muslims should be given, do whatever is needed for it.”
Leader of Opposition Pravin Darekar sought to know the Chief Minister’s stand in the matter. In a statement issued later, Mr. Darekar said, “The Maha Vikas Aghadi’s stand has now become clear related to Muslim reservation. Now, the CM needs to make Shiv Sena’s stand clear. In the house, Aaditya Thackeray also nodded when the Minister said Shiv Sena supports this. Shiv Sena’s stand has become clear today. The minister is doing this for Muslim votes but this reservation will not stand in court. This is just an attempt to please Muslims. We are not against giving reservation to any deprived community but the CM needs to make his stand clear.”
Leader of Opposition in the Assembly and former chief minister Devendra Fadnavis told reporters outside the House that, “According to the Constitution, reservation cannot be given on religious basis. Modiji has given 10% reservation to economically backward classes and Muslims and other communities get it. But there is no such provision in Constitution (about today’s announcement). This announcement is a revelation. We want to know there was ‘setting’ on which other issues during government formation, which other things has Sena agreed to by leaving its ideology and during that discussion, is it true that Sena agreed to this reservation? The Minister represents the government. We are clear that there is no such provision in Constitution. We need an explanation regarding this.”
‘No decision yet’
Meanwhile, shortly after Mr. Malik’s statement, senior Sena leader and Urban Development Minister Eknath Shinde said no such decision had been taken.
Leaders of the ruling Maha Vikas Aghadi will take a call on the issue after discussions, he said. Mr. Shinde told reporters outside the legislature complex that he was not aware of Mr. Malik’s announcement on 5% reservation for Muslims.
“Leaders of the MVA will together take a call on policy decisions about giving reservation to any community. Chief Minister Uddhav Thackeray will take appropriate decisions at the appropriate time. No decision has been taken yet,” he said.
(With PTI inputs)
