Muslim Reservation : Break in the Caste Certificate Process for the Muslim Community; Government Decision on 5% Reservation Cancelled

Mumbai: The grand alliance government in the state has made a significant decision regarding the 5% reservation given to the Muslim community, and accordingly, the process of issuing caste certificates and caste validity certificates has been suspended. The ordinance granting reservation under the 'Special Backward Class-A (SBC-A)' for socially and educationally backward Muslim groups was automatically canceled as it was not converted into law by December 23, 2014, as mentioned in the revised government decision.

During the Congress-NCP alliance government in 2014, a decision was made to provide 5% reservation for the Muslim community in government and semi-government services as well as in educational admissions. Accordingly, a provision was made through an ordinance by the General Administration Department. As per the government decision of the Minority Development Department, 5% reservation was implemented for the SBC-A category in direct service recruitment. Additionally, instructions were issued regarding the issuance of caste certificates and caste validity certificates to eligible beneficiaries from the Muslim community.

However, a writ petition was filed against this ordinance in the Bombay High Court. According to the order given by the court on November 14, 2014, an interim stay was granted on the provision to reserve 5% of appointments in public services under the control of the state as per section 4(1) of the ordinance. As a result, the implementation of the reservation was temporarily halted.

After this, it was necessary to convert the ordinance into law. However, as it was not approved in the legislature by December 23, 2014, it was annulled. Consequently, the government decisions and circulars issued based on that ordinance were also automatically annulled. Against this backdrop, it has been clarified that the General Administration Department also annulled the original government decision of July 24, 2014, by the government decision dated March 2, 2015.

According to the new revised government decision, the caste certificate and caste validity process, which was ongoing even after the ordinance was annulled, has been immediately stopped. Therefore, the process of issuing certificates under the SBC-A category for the Muslim community will remain suspended until further orders.

This decision has created an atmosphere of confusion among the Muslim community in the state. Some social organizations have demanded a reconsideration of this decision, while the government has stated that the decision was made considering legal aspects. It has been clarified by the government that this decision was taken with respect for court orders and legal procedures. Meanwhile, everyone is focused on what the next stance will be in this matter, and whether a new law regarding reservation for the Muslim community will be introduced in the future. It is speculated that the state government will soon provide an official clarification on this subject.