No Appointments Or Admissions Based On Karnataka GO Scrapping 4% OBC Reservation For Muslims Until April 18: State Assures Supreme Court

The Karnataka government on Thursday assured the Supreme Court that no admissions or appointments would be made in pursuance of the Government Order (GO) scraping off of the nearly three-decade-old 4% OBC reservation provided to Muslims under Category 2B. "Nothing irreversible will happen between today and Tuesday," Solicitor General Tushar Mehta submitted.

This was after a bench comprising Justices KM Joseph and BV Nagarathna expressed inclination to stay the GO in question. Prima facie, the impugned GO appears to suggests that the foundation of the decision making process is "highly shaky and flawed", it said.

The GO is apparently based on an interim report of Karnataka State Commission for Backward Classes. The Court stated that the State could have waited for the final report before revoking the reservations provided to Muslims in the State.

"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," Justice Joseph said.

He continued, "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."

The State has been asked to file its affidavit in the matter by Monday, April 17. The bench recorded the submission of SG that "no appointment or admission is going to be made till 18.04.2023 on the basis of the impugned GO."

Courtroom Exchange

Senior Advocates Kapil Sibal and Dushyant Dave appearing for the Muslim community argued that reservations cannot be for political reasons. Dave submitted on the basis of empirical data and material, it has been found that Muslims are a backward community in Karnataka and they were entitled to reservations.

He added that the interim report cited in the impugned GO advises against altering existing status of reservation without proper study. However, the government proceeded to withdraw reservation for Muslims by "falsely claiming" there is no empirical data, he said. "Minority community needs Court's protection...Reservation is not largesse, it's a right," he said.

Expressing prima facie agreement, Justice Joseph said, "The GO seems to be in the teeth of commission's report."

SG Mehta on the other hand sought time to file response in the matter. "They haven't placed anything on record to show that if I'm given few days time, what will go wrong...There are two questions - what does the report say? We will place that before you. We're right now going on presumption that the reports say that. Let us first see the reports," he said.

The Karnataka Government had scrapped the 4% reservation and distributed the same equally among the Veerashaiva-Lingayats and Vokkaligas at 2% each. 

Senior Advocate Mukul Rohatgi appearing for the Vokkaliga and Lingayat communities argued that the matter did not simply pertain to revocation of reservations but also the allocation of reservations to a different community. He submitted that the Lingayats and the Vokkaligas would be prejudiced if an interim stay on the GO is granted. To this, Justice Nagarathna asked –

"What prejudice will you suffer in 3-4 days?"

Rohatgi responded by stating that it was for the petitioners to show prejudice and not for the respondents. 

He pointed that the GO was issued on 27th March whereas the matter was refiled only on 5th April. "So that's some 9-10 days. Then they say we'll be affected. How will they be affected?"

However, Justice Nagarathna responded that the impugned GO is based on an interim report and the State could have waited for final report. "What was the great urgency?" she asked.

The Judge continued, "Vokkaligas and Lingayats were earlier also reserved. Today what has happened is that 4% of reservations is completely knocked out - Muslims are without any reservations now."

SG claimed that as per Justice Chinappa Reddy report, Muslims are only educationally backward. He implied they may claim EWS reservation.

However, Dave retorted that the report clearly says Muslims are socially and educationally backward.

"My reservation is removed and given to some else few days before elections. They have removed 4% reservation for Muslims in Karnataka. It's completely against a series of SC judgements. Completely unconstitutional! Why is it done overnight? On the eve of election? Without any report? It's against the 1996 Statute," he said.

Sibal also argued that there existed a glaring discrepancy in the decision. "Since 1994-2023 I have been entitled. For 23 years I am backward and now suddenly I'm in general category? Without a study? Can it ever be? This is violative or Article 14 itself. What is stated is even worse- it says that what we were doing for 30 years was wrong? It's taking away reservations. As per Chinappa Reddy report, I'm next to SCs and STs in backward category. And now I'm placed in general?" Sibal submitted.

SG Mehta claimed Muslims were granted reservation solely on the basis of their religion and there was no empirical data to back their reservation. In this context, Rohatgi also argued that as per Supreme Court rulings, religion cannot be made basis for reservations. He further contended that it was incorrect to say that all Muslims in the State of Karnataka were socially and economically backward. 

"Instead of religion, they are given on socially and economically backward classes basis," Justice Nagarathna orally remarked.

Earlier, the Karnataka Government decided to exclude Muslims from the OBC category and scrapped the 4% reservation given to them under Category 2B. The said reservations were distributed equally among the Veerashaiva-Lingayats and Vokkaligas at 2% each. The government also accorded internal reservation for 101 Scheduled Castes (SC). Muslims, who come under Category 2B were moved to the 10% EWS quota pool.