The Maharashtra government has issued a new Government Resolution (GR) regarding Muslim reservations in government jobs and educational institutions. According to this order, issued late Tuesday night by the Social Justice Department, members of the Muslim community will no longer benefit from the five percent reservation. While this order was legally invalid for nearly a decade, the order issued by the government led by Chief Minister Devendra Fadnavis has sparked renewed debate. According to the Government Resolution (GR) issued by the current government on February 17th, the previous resolution providing 5 percent reservations to the Muslim community in educational institutions and government and semi-government jobs will now be considered void. This means that members of this community will no longer be able to claim reservations on this basis.
What is the issue with the five percent reservation for the Muslim community?
In fact, the Maharashtra government had issued a Government Order more than a decade ago (July 2014), granting five percent reservations to members of the Muslim community. However, this order was invalid for over a decade in light of a Bombay High Court order. According to an old government order, members of the Muslim community were classified as Special Backward Class-A (SBC-A). Under this, they could claim reservation benefits in government jobs and educational institutions. However, this ordinance of the then government was challenged in the Bombay High Court, which was stayed almost 12 years ago. On November 14, 2014, the High Court passed an order staying the ordinance.
Why did this nearly 12-year-old case make headlines?
The ordinance issued by the Maharashtra government in 2012 was required to be passed by the legislature. Failure to do so by the deadline of December 23, 2014, raised questions about its legal validity. The ordinance was automatically repealed due to its failure to pass the legislature. Later, a special leave petition (SLP) was filed in the Supreme Court on this sensitive issue. Hearing an appeal against the Bombay High Court order, the Supreme Court also struck down the five percent reservation, invalidating the Maharashtra government's decision.
How important is the late-night order issued in February 2026?
Despite the Supreme Court order, the Maharashtra government has not formally repealed the original government order through any official order in the past 12 years. Therefore, this formality was completed through a government resolution issued on February 17th. Now, the current government has clarified in its order that all decisions and notifications related to the 5% reservation have been declared invalid. Claims for 5% reservation in colleges and educational institutions based on the 2014 order will no longer be accepted. No new caste or validity certificates will be issued under this category.
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