Mumbai: The petition has been filed in the Bombay High Court challenging the 10% reservation granted to Maratha community in education and government jobs alleging that it is a “politically motivated decision”.
The petition by advocate Jayshri Patil, Gunaratan Sadavatre and Rajaram Patil, has sought quashing of the reservation granted to Maratha community and also the report submitted by Justice (retired) Sunil Shukre.
The law granting reservation was passed on February 20 and the notification was issued on February 26. It was formulated by the Chief Minister Eknath Shinde-led government based on a report of the Justice (retired) Sunil B Shukre-led Maharashtra State Backward Class Commission (MSBCC). The report had said “exceptional circumstances and extraordinary situations exist” and this warrants granting reservation to the Maratha community in excess of 50 per cent total reservation in the state.
Apart from seeking quashing of the reservation, the Plea also seeks quashing of the report stating that it is not based on a “scientific study” and is based on “general decisions and loose conclusions”. “It did not have any empirical data required to consider the class for the purpose of reservation in education and public service,” it adds.
As an interim relief, the petition seeks stay on the implementation of the Bill.
Politically Motivated Decision Over Reservation
According to the petition, the State Ruling Party and the Opposition Political Parties have together taken a politically motivated decisions beyond the Reservation of 50% without any “extraordinary circumstances” to provide 10% reservation creating a separate category as Socially and Educationally Backward as Maratha.
Alleging that the decision has not been taken in a fair manner, the plea contends that earlier members of the Maharashtra State Backward Class Commission resigned and new chairman and members were appointed suddenly after the demand for reservation increased.
Highlighting the “reservation politics” for getting votes, the plea states that “none of the Politician in the State of Maharashtra has sympathy that the Open/General Seats for the talent of Bharat/Hindustan remains only 38% and after the horizontal Reservation the General Seats remains very less, and the Reservation becomes majoritarian”.
As an interim relief, petitioners have sought a stay on the effect of the law pending disposal of the plea and that no advertisements for SEBC category reservation for jobs and educational courses be issued till then.
Also, it prays that the petitioners be given a report of the MSBCC, as it was provided during earlier litigation against the 2018 Maratha quota law.
As per the HC website, the petition is likely to come up for hearing on March 8.
