A fresh legal battle has emerged in Maharashtra after a petition was filed in the Bombay High Court challenging the state government’s decision to withdraw the 5% reservation granted to the Muslim community in education and government jobs.
The petition, filed by advocate Syed Ejaz Abbas Naqvi through advocate Nitin Satpute, contests the government resolution dated February 17, 2026, issued by the Department of Social Justice and Special Assistance. The resolution cancels the earlier provision that extended 5% reservation to Muslims classified under the Socially and Economically Backward Class (SEBC) category.
According to the plea, the move is unconstitutional and violates the fundamental rights guaranteed under the Constitution of India. The petitioner argues that the decision breaches the constitutional mandate of equality and fraternity and amounts to discriminatory treatment of socially and educationally backward sections within the Muslim community. The plea further claims that the state’s action undermines the basic structure doctrine, which forms the foundation of constitutional governance.
The petition also labels the decision as “racial discrimination,” asserting that there is no reasonable or quantifiable basis for withdrawing the quota. It seeks to quash the February 17 resolution and requests an interim stay on its implementation until the matter is fully heard. Additionally, the plea asks the court to direct the state government to produce quantified data related to the social and educational backwardness of the concerned classes, as referenced in the July 7, 2014 ordinance.
The background of the case dates back to July 2014, when the then Congress-NCP government introduced 16% reservation for the Maratha community and 5% reservation for Muslims in government jobs and education under the SEBC category. The ordinance faced legal scrutiny, and while the High Court struck down the reservation in jobs, it upheld the 5% reservation for Muslims in educational institutions.
However, the latest resolution has annulled all previous government decisions and circulars issued since 2014 concerning the 5% reservation for Muslims under the Special Backward Category (A). The state has also stopped issuing caste and non-creamy layer certificates to Muslims under this category, effectively ending the benefit.
The case now places the spotlight back on reservation policies in Maharashtra and the constitutional boundaries governing affirmative action. The High Court’s decision in this matter could have significant implications for reservation policy and minority rights in the state.