Bombay High Court prepares to hear a constitutional challenge against the state’s decision to withdraw Muslim reservation benefits | File Photo
Mumbai, Feb 23: The Bombay High Court will hear on March 9 the petition challenging the Maharashtra government’s decision to cancel the five per cent reservation for the Muslim community in education and public employment, terming the move as “racial discrimination” and violative of fundamental rights.
Advocate Syed Ejaz Abbas Naqvi, who has filed the petition, mentioned the plea before a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad on Monday.
Challenge to February 17 government resolution
The plea assails the Government Resolution (GR) dated February 17, 2026, issued by the Department of Social Justice and Special Aid. It seeks quashing of the resolution and an interim stay on its operation pending the hearing of the petition.
Allegation of racial discrimination
Contending that the move violated fundamental rights, the petition reads: “The respondent (Maharashtra government) is practicing racial discrimination against persons of a minority community, i.e. the Muslim community. This is in violation of the fundamental rights enshrined in the Constitution.”
It further contends that there is “no rationale” behind the decision to scrap the quota and that the move is arbitrary and unconstitutional.
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Cites Supreme Court judgments
It argues that the impugned action seeks to “annul binding judgments of the Supreme Court… without removing the basis thereof,” and is contrary to constitutional principles governing affirmative action.
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