Quota case in HC: ‘Marathas were not considered backward due to Kshatriya tag’

The petitioners backing the 16% quota for Marathas in Maharashtra told Bombay HC on Tuesday that those opposing the reservation have done it on the grounds of impropriety and had not produced anything to justify their claims, and so the reservation should be allowed.

Historically there was no difference between Marathas and Kunbis, who currently get benefits under the Other Backward Class community (OBC) quota, but the distinction was on the grounds of the profession, said petitioners, who are backing the 16% quota for Marathas, in the Bombay high court (HC) on Tuesday. They further said the community was not considered backward as the title of Kshatriya, or warrior, had stuck with them after they fought alongside Shivaji Maharaj.

On November 30, 2018, the Maharashtra Legislature passed a bill proposing 16% reservation in education and government jobs for Marathas, declared Socially and Educationally Backward Class (SEBC) by the state. (HT File)

They also pointed out that the petitioners who are opposing the reservation have done it on the grounds of impropriety and had not produced anything to justify their claims, and so the reservation should be allowed.

On November 30 last year, the Maharashtra Legislature passed a bill proposing 16% reservation in education and government jobs for Marathas, declared Socially and Educationally Backward Class (SEBC) by the state.

On Tuesday, senior advocate Arif Bookwala, appearing on behalf of petitioner Vaibhav Kadam, informed the bench of justices Ranjit More and Bharati Dangre that the controversy surrounding the true identity of Marathas had been resolved way back in 1925 in an apex court judgement. He said that the judgement had identified three categories of Marathas — Maratha, Maratha-Kunbi and KunbiMaratha. This, he said, was deduced based on the historical antecedents of the community and the judgement had not made the distinction based on class or caste, but on backwardness.

Bookwala stated that during the rule of Shivaji Maharaj, many people had joined his army to overthrow the Mughals, and hence, earned the title of Maratha. He said the title of Maratha stuck with these people as they were involved in more wars after Shivaji Maharaj. Bookwala stated these warriors had lost everything in the subsequent wars and hence, returned to the profession of farming. However, as the title of warrior stuck with them, they were not considered a backward community, and hence, were neglected by the government. The state has, however, tried to rectify the same and hence granted them reservation under a separate SEBC category, Bookwala said.

He further argued that while the petitioners opposing reservation had claimed that the decision of the state and Gaikwad commission’s report, which declared the Maratha community as socially and educationally backward, were improper, they had not brought on record any evidence to prove the same and hence, the bench should allow the reservation.