Karnataka govt's decision on scrapping 4% Muslim quota prima facie based on 'absolutely fallacious assumption': SC

The top court deferred the hearing till April 18

The Supreme Court on Thursday said the Karnataka government's decision to scrap the 4 per cent OBC quota for Muslims in the state was prima facie based upon "fallacious", "shaky" and "flawed" grounds.

The strong observations forced the state government to give an assurance that it won't undertake any admission to educational institutions or make appointment on jobs in terms of its March 27 order.

"None of the candidates in admission to educational institutions or in appointment for a job would be affected until April 18 in compliance of its order," Solicitor General Tushar Mehta told the court.

A bench of Justices K M Joseph and B V Nagarathna recorded the statement Mehta on behalf of the state government as it decided to examine on April 18 the validity of the government order, taken just ahead of state Assembly polls.

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After hearing senior advocates Kapil Sibal, Dushyant Dave, Prof Ravivarma Kumar, and Gopal Sankaranarayanan for petitioners L Ghulam Rasool and others, the bench said the decision was prima facie based on fallacious assumption and was vitiated as it was based on the interim report of a Commission.

"A large number of people were denied the benefit of reservation by a stroke of a single decision," the court noted.

“We're just saying that prima facie, the order you have passed appears to suggest that the foundation of your decision-making process is shaky and flawed," the bench said.

The bench also asked Mehta as to what was the great urgency to scrap the quota and it is based on an interim report, and the state government could have waited for the final report.

The court indicated to pass an interim stay on the decision.

Karnataka government as well as Vokkalinga and Lingayat community members led by senior advocate Mukul Rohatgi strongly opposed any interim order in the matter.

"There are competing factors. Unless something is going to happen, it would be highly unfair if stay is granted," Rohatgi said.

"Please allow me to file a reply, these are original proceedings. There was no empirical data as a religion they (Muslims) were included. It is not something extraordinary. Can't it be waited till April 17? There is no appointment or admission process going on. It may be unfair, if stay is granted," Mehta also pleaded.

The state government said Muslims, who are OBCs, are already getting reservations.

The top court issued notice to the state government, seeking its response by Monday on a batch of petitions and put the matter for hearing on April 18.

The state government said that nothing irreversible will be done based on its order ending the 4 per cent quota to Muslims and giving 2 per cent each to Vokkaligas and Lingayats.

The petitioners claimed that the Muslim community has been treated as socially and educationally backward in Karnataka since 1921 and there was no empirical data available to show that now they are socially and educationally advanced.

"The identification of the Muslim community as a socially and educationally backward class is approved by this Court in Indra Sawhney v. Union of India, 1992 (Mandal case)," they said.

The exclusion of the Muslim community from the list of backward classes on the ground that reservation in favour of religious sects is not constitutionally permissible is therefore misconceived in law; further it is discriminatory and constitutionally mala fide as other religious communities continue to be in the list of backward classes in Karnataka, they added.

The petitioners also contended that the inclusion of the Muslim community in the EWS list is unlawful.