Maratha Reservation: Bombay High Court refuses interim stay on Maha legislation

Mumbai: The Bombay High Court on Wednesday refused to grant an interim stay to the decision of the Maharashtra government granting 16 per cent reservation to the Maratha community. The HC, has however, said it would hear all pending petitions against the reservation on December 10.

A division bench of Chief Justice Naresh Patil and Justice Makarand Karnik refused to the stay the ordinance passed by the state legislature, last month, for granting reservation to Maratha community in government jobs and education.  This comes after the bench was petitioned by activist Jayashree Patil through her counsel Gunaratan Sadavrate. Patil, a member of the Indian Constitutionalist Council (ICI) has challenged the reservation to Marathas, citing the directives of the Supreme Court, which has clearly said reservations to any caste in all the states, cannot exceed 50 per cent.

During the course of the hearing, the bench was informed by special counsel V Thorat appearing for the state, that a fresh ordinance has been passed by the government to provide reservation to Maratha.  Thorat further clarified that several petitions have been pending in the HC which had challenged the reservation as per the 2014 bill, which has been rectified now. The bench accordingly posted the matter for detailed hearing on December 10.

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