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Friday, Aug 23, 2019

Maratha reservations: Maharashtra government to move Supreme Court

Unhappy with the Bombay HC ruling, which upheld the reservation for the Maratha community but reduced its quantum to 12% in education and 13% in jobs, the state plans to move the Apex Court

mumbai Updated: Jun 28, 2019 01:01 IST
KAY Dodhiya
KAY Dodhiya
Hindustan Times
Those opposing the quota, including medical aspirants, too, plan to approach the Apex Court, on the grounds that judgment goes against the norms laid by the SC in the Indra Sawhney ruling, which led to a 50-% cap on reservation.
Those opposing the quota, including medical aspirants, too, plan to approach the Apex Court, on the grounds that judgment goes against the norms laid by the SC in the Indra Sawhney ruling, which led to a 50-% cap on reservation.(HT File )
         

Unhappy with the Bombay high court (HC) ruling, which upheld the reservation for the Maratha community but reduced its quantum to 12% in education and 13% in jobs, the state plans to move the Supreme Court (SC) seeking the original socially and educationally backward class (SEBC) quota of 16% be retained. Those opposing the quota, including medical aspirants, too, plan to approach the Apex Court, on the grounds that judgment goes against the norms laid by the SC in the Indra Sawhney ruling, which led to a 50-% cap on reservation.

Special counsel for the state Anil Sakhare said the government would challenge the reduction in the quantum of reservation on the grounds that the Gaikwad commission report had said that as the population of Marathas was 35%, 16% was valid. When asked whether the creamy layer of five per cent among Marathas was considered, Sakhare said the state would push for the implementation of the Gaikwad Commission report in toto.

Advocate Sanjeet Shukla, who filed a petition in 2014 opposing the reservation, said he would seek a stay against the ruling, as it would set a precedent for other states to bypass the SC order and implement reservations beyond the cap. Advocate Ashish Mishra, representing another petitioner, termed the state’s decision unconstitutional as it violated Articles 15 (4) and 16 (4) which dealt with the issue of reservations. He said that in light of the 102nd amendment, the state government did not have the powers to create a separate category, but the judgement held that the state legislature was competent to do it. “The SEBC reservation is unconstitutional and we will challenge it in the Supreme Court (SC),” said Ashwin Deshpande, counsel to one of the medical aspirants, adding they will also oppose the state’s appeal to retain the existing admissions. “It is against the Constitution to have different quotas – 16% and 12% – for PG and undergraduate courses,” he said.

Inputs from Musab Qazi

First Published: Jun 28, 2019 00:56 IST

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