K’taka decision flawed: SC

NEW DELHI: The Karnataka government’s decision to scrap four per cent Muslim quota ahead of the Assembly polls appeared to be on a “highly shaky ground” and “flawed”, said the Supreme Court.

The government assured the top court it would put on hold its March 24 order by which it had split the quotas in admission to educational institutions and appointment in government jobs to Vokkaligas and Lingayats, till April 18, the next date of hearing.

The bench of Justices KM Joseph and BV Nagarathna added that from the records tabled before it appears that the Karnataka government’s decision is based on “absolutely fallacious assumption”.

Appearing for members of the Muslim community from Karnataka, senior advocates Kapil Sibal, Dushyant Dave and Gopal Sankarnarayanan said no study was conducted and there was no empirical data available with the government to scrap the quota for Muslims.

Solicitor General Tushar Mehta, appearing for Karnataka, sought time to file replies and assured the bench that no appointments and admissions would be made in the meantime.

During the hearing, the bench told Mehta, “On the basis of the documents and materials produced before us it appears that Muslims were backward and then suddenly it has changed. As a student of law, it prima facie seems that the government order is based on absolutely fallacious presumptions.”

Justice Joseph added: “… prima facie the order appears to suggest that the foundation of your decision is on highly shaky ground and flawed.”

Justice Nagarathna questioned the urgency in issuing the order based on an interim report and said the State could have waited for the final report.

Mehta said, “Nowhere quota can be granted on the basis of religion and if it has been granted then it is a mistake. It is not that the entire Muslim community has been denied quota in Karnataka. They have been granted a 10 per cent quota in the EWS category. There are certain other Muslims communities like Pinjara, Mansoori, etc., who fall under OBC category and they are still getting the quota.”