Mumbai: The Maharashtra government is already in the eye of the storm for a range of issues and the freshest is the pressure by Maratha community to get the stay of the Supreme Court to its quota vacated. The state as of now has three major options to get out of the issue but presently it is yet to take a final call.
Reliable sources from the government have informed that the state is seriously contemplating to appear before the larger bench and get the three-judge bench's orders of staying the quota modified.
"We have three options before us. One is to come out with an ordinance, which our legal team has suggested not to resort to. The second is to seek review of the stay orders before the same bench," the source told Free Press Journal.
"But what we (state) are seriously contemplating is to appear before the larger bench of five judges and seek modification of the orders passed by the three-judge bench. We are advised to go with this option," the source added.
Meanwhile, with news regarding state considering to bring out an ordinance is concerned, the legal team, which represented the government in the Bombay High Court, said that's not a "correct" option.
"Ordinance isn't the way out," said senior advocate Anil Sakhre, who was part of the legal team that appeared for the state in HC.
Sakhre, who had made extensive submissions on the report of Gaikwad Commission, said that the state won't be able to yield anything by an ordinance.
Notably, the commission had declared Marathas to be socially and educationally backward and had thus recommended a quota for the community in both public service and education. The HC bench of Justices Ranjit More and Bharati Dangre had upheld the commission's report while validating the Socially and Economically Backward Caste (SEBC).
Explaining the way ahead for the state, Sakhre said, "Issuing an ordinance is an easy task but the same won't stand the scrutiny by the courts, because an ordinance would mean that they don't want the act to operate. But here, in this case, the SEBC law is already before the top court, which is to decide its validity."
"Thus, I do not think that the ordinance would be a way out," the senior counsel said, adding, "A similar exercise was done by the state to regularize the illegal structures and the same ordinance was struck down by the Bombay HC."