The Supreme Court on Thursday said the Karnataka government's decision on scrapping the 4 per cent Muslim quota was prima facie based on "absolutely fallacious assumption". A bench comprising Justices KM Joseph and BV Nagarathna also issued a notice to the Karnataka government, saying the decision prima facie appeared to be on a "highly shaky ground" and "flawed".
Solicitor General Tushar Mehta assured the Supreme Court that no admission and appointment would be done by the Karnataka government till the next date of the hearing. The court posted the matter for hearing next on April 18.
The Karnataka government's order was apparently based on an interim report of Karnataka State Commission for Backward Classes. The Supreme Court stated that the government could have waited for the final report before revoking the reservations provided to Muslims.
"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," Live Law quoted Justice Joseph as saying.
"This is the season of admissions. Schools reopen in June or even earlier. Whether they're going to act on this report, we must know," he further said.
Senior advocates Kapil Sibal and Dushyant Dave, appearing for the Muslim community, argued that reservations cannot be for political reasons, Live Law reported. Dave said based on empirical data and material, it had been found that Muslims were a backward community in Karnataka and they were entitled to reservations.
SG Mehta claimed Muslims were granted reservation solely on the basis of their religion and there was no empirical data to back their reservation.
Senior advocate Mukul Rohatgi, appearing for members of the Vokkaliga and Lingayat communities, said no interim order should be passed without allowing them to place their response to the petitions.
Recently, the Chief Minister Basavaraj Bommai-led government decided to scrap the four per cent reservation for Other Backward Classes (OBC) Muslims, leading to criticism from the Opposition.
Instead, the government announced two new categories for reservation in jobs and education. The four per cent OBC Muslim quota has been divided between the Vokkaligas and Lingayats. Muslims eligible for quota have been categorised under economically weaker sections.
The Bommai government's decision has pushed the reservation limit to around 57 per cent now.