Experts sceptical about curative petition leading to Maratha quota

The Supreme Court's decision to hear the curative petition on Maratha reservation is unlikely to serve its purpose, say legal experts and community leaders. The state government has a Plan B and will enact a new law based on the community's backwardness. However, experts doubt the quota will be restored, as curative petitions are rarely admitted for open board hearings. There are also concerns about the validity of the law and breaching the 50% cap on reservation. In the meantime, Maratha protesters are planning a fresh protest at Shivaji Park.

MUMBAI: Although the Supreme Court has decided to hear the curative petition on Maratha reservation on January 24, legal experts and community leaders say it is unlikely to serve the purpose. The state government, however, has a Plan B ready and will go in for a fresh enactment of the law based on the backwardness of the community.

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After the Maratha reservation quota was quashed by the apex court in May 2021, followed by a rejection of the review petition, the state moved the court with a curative petition. It has requested an open board hearing so that it gets an opportunity to argue afresh on the backwardness of the community. The state expects that the empirical data collected by the Maharashtra State Commission of Backward Classes (MSCBC) will help in proving the ‘extraordinary and exceptional circumstances’ of the backwardness of Marathas. If the argument is accepted, it could help the government in restoring the quota.

Legal experts and government officials, however, are sceptical about the quota being restored by the apex court. “Curative petitions are seldom admitted for an open board hearing and fresh submissions,” said an official from the OBC department. “We expect the MSCBC data to be submitted in one month, but the question is whether it will be accepted by the court.”

Balasaheb Sarate-Patil, one of the petitioners, said that a curative petition would not help in restoring the quashed reservation. He also pointed out that a few months before the Socially and Educationally Backward Classes Act was enacted by the state in November 2018, the central government had taken away the states’ power to accord reservation to any community through the 102nd constitutional amendment. In August 2021, the powers were given back to the state through the 105th constitutional amendment.

“Even if the SC allows the Maharashtra government to argue on the backwardness of the community based on the MSCBC data, the basic question is the validity of the law,” he said. “In 2018, there were no powers to the states to enact any such law and thus, the quashed law cannot be revived. Secondly, the SC had rejected the law for breaching the 50 percent cap on reservation in the state. How is the state government expecting it to be allowed once again?”

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HEAD: ‘Shivaji Park is a better venue for Maratha protest’

The Sakal Maratha Samaj’s Mumbai wing held a meeting on Sunday to chalk out the plan for Manoj Jarange-Patil’s fresh protest in the city. “We have finalised Shivaji Park as the venue,” said Virendra Pawar, one of the coordinators. “It is more convenient. Besides, we are expecting lakhs of community members to join the strike and Azad Maidan does not have adequate space.”

Jarange-Patil, meanwhile, was again admitted to Galaxy Hospital on Sunday after he complained of uneasiness during his tour in Beed.