3 weeks ago
Maharashtra Argues Marathas Could Fit Under OBC Quota
In India, some groups of people get special help with school and jobs because they faced unfairness for a long time.
This special help is called reservation.
A law in Maharashtra gave the Maratha community 10 per cent reservation in education and government jobs.
Some people thought this was not fair and challenged it in court.
The case is being heard by the Bombay High Court in Mumbai.
The government's lawyer said the Maratha community could be placed inside the OBC group, which already gets reservation.
He also said the 50 per cent limit on reservation is not a strict rule, using the EWS reservation as an example.
The government showed old records to prove the Maratha community was once considered backward.
The judges will continue hearing the case from September 2.
The Maharashtra government told the Bombay High Court that Marathas could be considered a sub-category within the OBC quota.
Advocate General Milind Sathe cited Supreme Court recognition of sub-classification among Scheduled Castes, Scheduled Tribes and OBCs.
The state argued the 50 per cent reservation ceiling is not completely inflexible, pointing to the EWS reservation as a precedent.
A full bench heard a batch of 18 petitions challenging the 10 per cent Maratha reservation under the SEBC category in education and government employment.
The state cited pre-1956 historical records and the Justice Shukre Commission on Maratha backwardness; the hearing was adjourned until September 2.
- Who
- The Maharashtra government, represented by Advocate General Milind Sathe, and a Bombay High Court full bench comprising Acting Chief Justice Ravindra Ghuge, Justice Sandeep Marne and Justice Jadhav, along with petitioners challenging the quota.
- What
- Hearing of 18 petitions challenging the 10 per cent Maratha reservation, during which the state argued Marathas could be considered a sub-category within the OBC quota.
- Where
- Bombay High Court, Mumbai.
- When
- Friday; the hearing was adjourned until September 2.
- Why
- Petitioners challenged the constitutional validity of the Maratha reservation in view of the 50 per cent reservation ceiling, while the state defended it citing the community's social and educational backwardness.
Maharashtra Government (Supporting Maratha Quota)
Petitioners (Challenging Maratha Quota)
Placement within OBC quota
Maharashtra Government (Supporting Maratha Quota)
Marathas could be considered a sub-category within the OBC quota, citing Supreme Court recognition of sub-classification among SCs, STs and OBCs.
Petitioners (Challenging Maratha Quota)
The petitions challenge the constitutional validity of the Maratha reservation as provided under the SEBC category.
50 per cent reservation ceiling
Maharashtra Government (Supporting Maratha Quota)
The 50 per cent ceiling is not completely inflexible, and reservation beyond it is possible under specific constitutional circumstances, as with EWS.
Petitioners (Challenging Maratha Quota)
The reservation is unconstitutional particularly in view of the existing 50 per cent reservation ceiling.
Backwardness of the Maratha community
Maharashtra Government (Supporting Maratha Quota)
Historical records show the Maratha community was considered backward before 1956 in parts of Madhya Vidarbha and Marathwada, justifying the quota.
Petitioners (Challenging Maratha Quota)
The petitions dispute the basis for providing reservation to the Maratha community.
Key facts
- Reservation percentage
- 10 per cent for the Maratha community
- Reservation category
- Socially and Educationally Backward Classes (SEBC)
- Sectors covered
- Education and government employment
- Number of petitions
- 18
- Court
- Bombay High Court full bench
- Bench
- Acting Chief Justice Ravindra Ghuge, Justice Sandeep Marne, Justice Jadhav
- State's representative
- Advocate General Milind Sathe
- Reservation introduced by
- Legislation under the Eknath Shinde-led government
- Next hearing
- September 2
Sources
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