Karnataka Govt's Decision To Scrap Muslim Quota Won't Be Implemented Till 9 May: SC

The Supreme Court on Tuesday (25 April) directed that the Karnataka government's decision to scrap the 4 per cent Muslim quota will not be implemented till 9 May.

The apex court bench of Justices K M Joseph and B V Nagarathna said that the earlier regime of 4 per cent quota for Muslims will remain effective till 9 May, when the next hearing is scheduled, without any prejudice to the contentions to be raised by the state government, reports Indian Express.

Solicitor General Tushar Mehta, representing the state government, sought adjournment as he had to appear before a SC constitutional bench.

“The affidavit is ready. However, today, I am before the constitution bench. Can this be taken up next week?” Mehta told the bench, reports Livelaw.

He added that his earlier assurance would continue.

The petitioners' lawyer, Dushyant Dave, opposed the adjournment, saying that the hearing has already been postponed four times.

He also pointed out that SG's assurance was of no help to them.

Dave then urged the court to document Mehta's statement that the orders eliminating the Muslim quota will not be put into action, and that the previous order from 30 March 2002, which granted the quota, will remain valid until the next hearing.

"Only if they say that as per the 2002 notifications, the reservation will continue, we will not have a problem," Dave said.

The SC bench agreed with Dave and recorded the submission, while posting the matter for further hearing on 9 May.

“There is nothing under the sleeves in making the statement,” the SG said.

He also explained that till the next date of hearing, the government order under judicial scrutiny would not be implemented.

He explained, “When I say the impugned order will not be implemented, it means that the old order will continue.”

Satisfied with this response, Justice Joseph proceeded to pronounce, “The solicitor-general has assured that the earlier submission will continue till the next date of hearing.”

Before directing the matter to be listed on 9 May, the bench recorded both the statements that the impugned orders shall not be implemented till the next date, and that the earlier regime related to Muslim reservation as per a 2002 notification would continue to hold the field in the meantime.