Maharashtra: 10% EWS reservation kicks in, quotas rise to 78%

The state cabinet’s decision takes the total reservations in the state to 78%. In November 2018, the state announced a 16% quota for the Maratha community.

Maharashtra on Monday became among the first states to implement a 10% quota in government jobs and education for people from economically weaker sections (EWS).

Maharashtra chief minister Devendra Fadnavis (HT Photo)

The state cabinet’s decision, announced just weeks before the code of conduct kicks in for the Lok Sabha elections, takes the total reservations in the state to 78%. In November 2018, the state announced a 16% quota for the Maratha community.

The 10% EWS quota was announced by the Centre last month and is effective in the state from February 1.

It applies to people in the open category not under an existing reservation, and whose annual family income is less than ₹8 lakh.

Quotas in the state already exceed a Supreme Court-mandated cap of a maximum 50% reservation in a state.

While experts said the additional 10% quota will stand legal scrutiny, state officials feared problems in identifying people in the EWS category.

Soon after the cabinet meeting, chief minister Devendra Fadnavis tweeted: “Maharashtra Cabinet approved 10% reservation for the economically poor in Maharashtra.”

“The 10% quota will apply to citizens from any caste and religion not covered by existing reservation,” said finance minister Sudhir Mungantiwar.

An official from the general administration department, who did not want to be named, pointed out that the state did not have a fool-proof mechanism to issue income certificates“ We have a system for caste certificates, but routinely receive complaints about fake income certificates issued at the collectorate level without any verification. In such a scenario, the real beneficiaries may be deprived of their rights,” the official said.

According to legal experts, with the Supreme Court upholding the Centre’s quota decision helps Maharashtra’s case. “The SC upheld the reservation, even though it has crossed the 50%-cap,” said Shreeram Pingale, the counsel representing the Maharashtra government in court.

“This has strengthened the state’s move of granting 16% reservation to Marathas.The Centre, while making the constitutional reservation for 10% reservation has clarified that all the existing reservations will be intact,” Pingale said.

Balkrishna Renke, the former chairman of the National Commission for Denotified, Nomadic and Semi Nomadic Tribes, however, pointed out that questions over benefits for the nomadic tribes.

“While it is true that the SC upheld Centre’s 10% EWS quota, questions are being raised over the government’s failure to accord similar quotas for nomads. The apex court is expected to address them in due course,” he said.

As far as the state’s recent recruitment drive goes, the 10% quota will not apply to 4, 400 posts from six departments for which advertisements were issued before February 1, 2019. The state has already started the first phase of recruitment, in which 36,000 posts have to be filled over the next few months.

The 10% quota will apply to aided and unaided educational institutions except those reserved for minorities; deemed universities, government establishments, semi-government offices, corporations, statutory boards, urban and rural local bodies and government authorities. The state’s decision to grant the 16% Maratha quota has been challenged in Bombay high court and the Supreme Court. “However, the question mark over its implementation prevails as our reservation has already reached 68% on the basis of social and educational backwardness. We may have to make changes in reservation after the ruling of the High Court on Maratha reservation,” said another official from the general administration department.

Gujarat, Assam, Uttar Pradesh, Jharkhand and Telangana are the other states implementing the EWS quota.