Maharashtra: PIL seeking EWS quota for Maratha community filed in Bombay HC

The PIL has contended that as the case in the Apex court may take some time to be completed, the Maratha community should get benefits in the education sector under the EWS quota

A public interest litigation (PIL) has been filed by Congress leader and activist Dr Sanjay Lakhe Patil in the Bombay high court (HC) seeking directions to the state, to grant Economically Weaker Section (EWS) status to members of the Maratha community, as the Supreme Court has stayed the implementation of the benefits of the Socially and Educationally Backward Class (SEBC) quota. The PIL has contended that as the case in the Apex court may take some time to be completed, the Maratha community should get benefits in the education sector under the EWS quota.

Representational photo (HT File)

The PIL filed through advocate SB Talekar has pointed out that after the HC had upheld the SEBC Act and the members of the Maratha community, which constitutes one-third of the state population, had got reservations of 12% in the education sector and 13% in the government employment sector, the HC decision was challenged in the Supreme Court (SC). The Apex court on September 9, 2020, had stayed the implementation of the SEBC Act.

The petition states that before the SC stay, the Maratha community had already got reservations under the SEBC Act, hence after receiving complaints that the Maratha community should not get benefits under the EWS category at the same time, the state of Maharashtra in July, 2020, had clarified that the Marathas could not avail of the benefit of 10% reservation under the EWS quota.

“The reservation provided in favour of the Maratha community, as belonging to SEBC cannot be availed by the members of Maratha community by virtue of the interim order passed by the Hon’ble Supreme Court. As per the directions of the Supreme Court, the appeals pending before it would be placed before the Hon’ble the Chief Justice of India for constitution of a larger bench,” the petition reads.

As the constitution of the larger bench could take six months or even six years, the petition sought directions to the state government to stay the implementation of the July 2020 government circular and allow members of the Maratha community to avail of the benefits of the 10% quota under the EWS reservation in both education and state jobs till the time the Apex court decides the constitutional validity of the SEBC Act.

Though the PIL was listed to come up for hearing before the division bench chief justice Dipankar Datta and justice Girish Kulkarni on Friday, due to paucity of time, the PIL will be heard in due course.