Quota order on hold, Karnataka tells Supreme Court backward Muslims not hit

REITERATING THAT reservation based solely on religion is unconstitutional, the Karnataka government on Tuesday told the Supreme Court that it is only the quota provided to the community as a whole which was on the sole basis of religion that has been done away with, while the Most Backward Classes within the Muslim community continue to enjoy the benefit...

The state government, however, filed the affidavit later in the evening, explaining that its March 30, 2002 GO provided reservation to seven backward Muslim communities in Category I and to the entire Muslim community in Category II (B), and it was only the latter that had been scrapped...

The state government took a conscious decision to not continue with the reservation on the sole basis of religion as the same is unconstitutional and contrary to the mandate of Article 14 to 16 of the Constitution of India It is pertinent to note that the groups within the Muslim community who were found to be backward and found mention in Group I of the 2002 reservation order continue to enjoy the benefits of reservation, it said...

The state said the petitioners have sought to give a colour to the exercise in question which is completely baseless and added that the timing of the decision etc are immaterial without the petitioners clearly demonstrating that the reservation on the basis of religion is constitutional and permissible...

Even throughout the country, it is believed verily, except (the) State of Kerala, there is no state that provides for reservation for the Muslim community as a whole, it said.. Reservation solely on the basis of religion is also contrary to the principles of social justice, the state said, and pointed out that it would also be contrary to the concept of secularism..

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