State Backward Classes Commission orders status quo on Maratha demands for inclusion in OBC category

MSCBC chairperson Justice Anand Nirgude (retired) and members, Advocate BL Sagar Killarikar and Laxman Hake conducted a hearing in Pune on Monday to decide on applications

Mumbai: Quasi-judicial body Maharashtra State Commission for Backward Classes (MSCBC) at a hearing on Monday held off on deciding on petitions from Maratha groups seeking inclusion in the Other Backward Class (OBC) category citing the Maratha quota case pending before the Supreme Court.

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MSCBC chairperson Justice Anand Nirgude (retired) and members, Advocate BL Sagar Killarikar and Laxman Hake conducted a hearing in Pune on Monday to decide on applications by a clutch of Maratha groups.

“The entire issue will remain sine die till a decision by the Supreme Court (SC) on the review petition (filed before it),” Killarikar said.

Representatives of the groups from Marathwada, who were present at the hearing, were heard and appraised of the legal issues and the decision was taken with their concurrence, Killarikar added.

In May 2021, the SC quashed the 12% ring-fenced reservations in education and 13% reservation in jobs for the Maratha communities. Following this, both the state government and the Centre filed review petitions, and the plea by the Centre was dismissed by the top court. The state’s review plea is still pending before the court.

In the meantime, many Maratha groups, particularly from Marathwada districts, filed petitions before the MSCBC asking that they be classified as OBC, to avail reservation benefits.

However, this demand hasn’t gone down well with OBC groups in the state, who comprise more than half the population and cut across castes and religions. OBC communities often compete with Maratha communities for control of local power structures and the sense within communities is that by including the numerically-strong Marathas within OBC categories, it would reduce their share within education, jobs and political spheres where reservation is available to them.

Notably, three commissions chaired by Justices (retired) S.N Khatri, RM Bapat and BP Saraf had rejected demands to include the Marathas in the OBC category. The commission chaired by MG Gaikwad in 2018, however, had accepted it. The Kakasaheb Kalelkar Commission (1955), BP Mandal Commission (1980), National Commission for Backward Classes (NCBC) (2000) had also struck down this claim.

Virendra Pawar, coordinator, Maratha Kranti Morcha, noted that since the JK Banthia Commission had assessed the population of OBCs at 37%, they should be given 18.5% quota across spheres, and the remaining 8.5% can be given to the Marathas. “This will ensure that the reservations do not breach the 50% cap,” he said.

The Banthia Commission was set up to provide a fresh assessment of OBC communities in the state to enable the SC to decide on the matter of OBC’s political reservation.

Last May, the SC struck down the Socially and Educationally Backward Classes Act, 2018 (SEBC Act, 2018) which granted 16% reservation for Marathas in state educational institutions and appointments to public service.