Demanding the speedy resolution of the Maratha reservation case, BJP MP Sambhaji Chhatrapati has written to Maharashtra CM Uddhav Thackeray. He has also sent the copies of his letter to NCP chief Sharad Pawar, Devendra Fadnavis and the Cabinet sub-committee dealing with the Maratha reservation issue.
BJP MP is quite vocal on the issue. Even in October 2020, he had appealed to Maharashtra Chief Minister Uddhav Thackeray and his predecessor Devendra Fadnavis to come together to decide the future course of action on the Maratha quota issue.
In the letter which he posted on Twitter today, Sambhaji Chhatrapati has tried to clarify some legal and technical issues related to the issue.
The Supreme Court on Monday expanded the ambit of the Maratha reservation issue, giving notice to all state governments, seeking their response on a question of "seminal importance" -- whether or not legislatures are competent to declare a particular caste to be socially and educationally backwards.
Talking about the same, the BJP MP wrote that "It cannot be guessed as to when other states will submit their answers to the SC notice and the issue will get stalled. Till the matter get resolved discontent among the Maratha community will rise." Thus, he wrote that the MVA government should present its stand with detailed study without any delay to fast-track the matter.
The case stems from the petitions by Jaishri Laxmanrao Patil of Mumbai and others, challenging the Bombay High Court decision to lower the percentage of a reservation granted to the Maratha community in government jobs and higher education.
While upholding the state law in June 2019, the Bombay High Court had held 16 per cent reservation as unjustifiable and reduced it not to exceed 13 per cent in higher education and 12 per cent in employment, as recommended by the State Backward Classes Commission. The 102nd amendment to the Constitution stipulates that the reservation can be granted only if a particular community is named in the list prepared by the President.
The High Court had held that the 50% cap on the total reservation as imposed by the Supreme Court can be exceeded in an exceptional case, accepting the state government's stand that the Maratha community was socially and educationally backwards and it was duty-bound to take steps for its progress.
In July last year, the state government had committed to the court that it would not proceed with the recruitment process to fill up the vacancies on the basis of 12 per cent Maratha reservation till September 15, except for departments, Public Health and Medical Education and Research.
The Supreme Court on September 9, last year, while referring to a larger bench the batch of pleas challenging the validity of the law, had stayed the implementation of the legislation but made it clear that the status of those who have availed of the benefits would not be disturbed.
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