Based on fallacious assumptions, shaky decision-making: Supreme Court on Karnataka government move to scrap 4% quota for Muslims

The Supreme Court on Thursday questioned the rationale behind the Karnataka government's move to scrap the 4 per cent reservation for Muslims in the State. (L Ghulam Rasool v. State of Karnataka).A Bench of Justices KM Joseph and BV Nagarathna orally observed that the government had relied on an interim report rather than a final report to come to its decision."This government order is based on completely fallacious assumptions...prima facie the order passed appears to suggest that the foundation of your decision makng is shaky," Justice Joseph remarked..The Court also sought the reply of the Karnataka government in a fresh petition assailing the move..Pertinently, Solicitor General Tushar Mehta, appearing for the Karnataka government, assured the Court that no appointments or admissions will be made pursuant to the government order in question till the next date of hearing, on Tuesday. The top court took the assurance on record. "Time is sought to file counter affidavit by SG Mehta and Mr Rohatgi. Time granted till April 17, 2023. List the case as the first one after admissions on April 18. We record submission of SG Mehta that no appointment or admission will be made till April 18, 2023 on the basis of the impugned government order," the order stated..The matter concerns the recent decision of the BJP-led Karnataka government to do away with the 4 per cent quota provided to Muslims under the Other Backward Classes (OBC) category.As per the government order, the community will be eligible for reservation under the 10 per cent Economically Weaker Sections (EWS) category. The 4 per cent is now to be distributed equally among the Veerashaiva-Lingayats and Vokkaligas..Senior Advocate Dushayant Dave appearing for the petitioner sought a stay on the government's decision. He pointed out that the move was done two days before the State Legislative Assembly elections were announced."No empirical data and you take away the rights of people like this? I am losing my reservation straight away and there is no debate about this because it was meant to be so...the minority community needs this Court's protection."Senior Advocate Kapil Sibal, appearing for a petitioner in a tagged matter, argued that scrapping of the quota was violative of Article 14 of the Constitution.Senior Advocate Prof Ravivarma Kumar said that the Muslim community was singled out because of their religion. He added that the urgency to scrap the reservation comes at a time when institutes in the State were taking admissions..SG Mehta claimed that the petitioners made false statements, and that the Bench should not form a prima facie view to grant a stay in their favour.He sought time to file a reply before any stay, and pointed out that no appointments or admissions have been made pursuant to the move."Nothing irreversible will happen," the SG added.Senior Advocate Mukul Rohatgi appeared for an intervenor-Vokkaliga organisation and asked the Court to wait till Tuesday..[Read order]