E-Paper
Bombay HC to tehsildars: Give Maratha students EWS certificates
The Supreme Court had stayed the implementation of the 12% SEBC quota in education in September under which Marathas were given reservation
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In a relief to students from the Maratha community aspiring to join various undergraduate professional courses under the government quota, the Aurangabad bench of the Bombay high court (HC) directed the tehsildars to issue Economically Backward Class (EWS) certificates to the students after verifying their bona fides.
On July 28, the state government had issued an order stating that students from Maratha community would not be able to apply for EWS quota seats as they were already given reservation under the Socially and Educationally Backward Classes (SEBC) quota. However, as the Supreme Court (SC) stayed the implementation of the 12% SEBC quota in education in September, the students were left without the benefit of any reservation and hence approached HC, seeking relief under the 10% EWS quota.
The court has also directed the state medical common entrance test (CET) cell and respondent medical colleges to consider the EWS certificates of such students and not be prejudiced against them in the light of the July 28 order.
A division bench of justice SV Gangapurwala and justice Shrikant D Kulkarni, while hearing the petitions of eight aspiring students, was informed by the respective counsels for the students that they belonged to the Maratha community and were desirous of pursuing the undergraduate courses in medical education. The bench was informed that the students were covered under the SEBC Act and wanted to apply for the 12% seats reserved for Marathas under the law.
However, as the Apex court had stayed the implementation of SEBC quota on September 9 and had referred the issue of constitutional validity of SEBC Act to a larger bench, the students were left with no option for benefitting from quota, and hence wanted to apply under the EWS quota.
The counsels also informed the court about the state’s July 28 order which barred students from Maratha community to avail benefits under EWS quote. In the light of these submissions, the counsels sought directions to the authorities to issue EWS certificates to Maratha community students and grant them admission under the quota.
The counsels assured the court that the students were willing to give an undertaking that they would not seek reservations under any other quota for education purpose once they were issued the EWS certificates and got admission under it.
After hearing the submissions, the court directed the state medical CET cell and colleges, “If the petitioners are issued EWS certificates in the state format, and an undertaking is filed by the petitioners that during their entire educational career they would not claim benefit under any reservation – either vertical or horizontal except EWS category – then the petitioners be considered for admission from EWS category.”
