Mumbai: The Maharashtra government on Wednesday justified its decision to grant 16 percent reservation to the Marathas in public service and education. The government told the Bombay High Court, it did not give reservation to the Marathas only to serve any political purpose, but after considering the community’s ‘backwardness.’ The government through senior counsels Mukul Rohatgi and Vijasingh Thorat, also claimed it has plenty of powers to grant reservations and also that 50 per cent cap is not a written rule.
The arguments were advanced before a bench of Justices Ranjit More and Bharati Dangre, which has been hearing final arguments in the petitions challenging the quota to Marathas. “The decision to grant reservation was not for political purposes, instead, it is given only after considering the educational and social backwardness of the Marathas,” Thorat submitted.
“This court must consider the fact that graduates and post-graduates do not get jobs in the country. But in this case, the data shows that Marathas have the least number of graduates. Thus, it becomes duty of the government to protect the community by providing reservation so that they can get education,” Thorat, the former advocate general of Maharashtra, said.
Only one Indian Administrative Service (IAS) officer in Maharashtra belongs to Marathas. The government wants to promote public services and give them better opportunities to get a better life,” Thorat further submitted. Thorat further told the bench, it should look the issue from a larger perspective. “The contemporary status of Marathas must be considered. We must look at the future of the community to ensure that the community does not bite the dust,” said Thorat.
“This law needs to be protected as it is the desire of the people and impromptu expression of anger and agitation and if the government does something to fulfil their demands than there is nothing wrong in doing so,” Thorat added. Thorat further informed the bench, the creamy layer of the Marathas, which totals to five per cent of the community, will not be eligible for the reservation benefits.
“If this creamy layer is excluded only the poor Marathas are left. The ones who wear dirty clothes, live in worst conditions. These will be the persons who will be getting the benefits,” Thorat claimed. Mukul Rohatgi, the former Attorney General of India too defended the government. He said, “The 50 per cent cap is not the limit. We have quantifiable data to show Marathas are backward and hence, we had to go beyond 50 per cent.”
“The state government has the power to issue its own list of communities which it deems to be backward and in need of reservation. The government cannot wait till the President of India issues a notification,” Rohatgi argued further. The bench will continue to hear the submissions of Thorat, after whom, senior advocate Anil Sakhre will be arguing on behalf of the government and discuss the State Backward Class Commission (SBCC) report in detail.
