Bombay High Court
Bombay High Court
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Mumbai: The Aurangabad bench of the Bombay High Court has questioned the Maharashtra government as to why it has not yet taken a decision on candidates, who have been shortlisted for jobs under the Maratha quota. The HC has asked the state to spell its stand on the issue by January 14.

A bench of Justices Sanjay Gangapurwalla and Shrikant Kulkarni was dealing with a bunch of petitions filed by candidates, who have been shortlisted by the state for jobs of talathis and their deputies, under the reservation meant for the Maratha community.

These candidates are now in a limbo as the Supreme Court has stayed the Maratha quota, which was upheld by the HC. As a result of the apex court's orders, their recruitment under the Socially and Economically Backward Class (SEBC) are not stayed.

Accordingly, these candidates through advocate Vishal Kadam approached the bench seeking permission to apply for jobs under the Economically Weaker Section (EWS) category.

Notably, the HC has already allowed students to seek admissions under the EWS quota but with a condition that they won't be able to lay a claim under the Maratha quota anytime in the future.

"Similar has been our demand. My clients too have assured the bench that if they are allowed to seek jobs under the EWS quota then they won't be laying any claims under the reservation meant for the Marathas, throughout their careers," Kadam told the Free Press Journal.

The HC bench led by Justice Gangapurwalla, having noted the plight of these candidates said the state must take a decision on this aspect too as it has taken in respect of admissions.

"It would have been appropriate if the government would have taken a decision as to whether the benefit of EWS ought to be granted to the candidates, who have applied from SEBC category and the said reservation is stayed by the apex court. It appears that the decision to that effect has not been taken," Justice Gangapurwalla noted in his orders.

The judges, accordingly ordered the state to spell its stand on an affidavit to be filed before January 14.

Till then, the judges have ordered the state to ensure that no candidate, who secured less marks than the present petitioners, are appointed.

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Free Press Journal

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