Bombay HC upholds quota for Maratha community

The Bombay High Court on Thursday upheld the reservation given to the Maratha community in educational institutions and government jobs.

The court, however, did not approve the quota of 16 per cent extended to the community.

The Maharashtra Assembly had, on November 30, in 2018, passed the Maratha Reservation Bill which extended 16 per cent reservation in educational institutions and government jobs to the Maratha community.

Following the decision of the state legislature, several petitions were filed contending that the reservation to the community will raise the reservation in the state from 52 per cent to 68 per cent, which is 18 per cent higher than the ceiling set by the Supreme Court.

On this, the High Court said that 50 per cent cap on the reservation can be "extended in exceptional situations".

The court also upheld the recommendations made by the Maharashtra Backward Class Commission about the "backwardness" of the community, which the government had considered while extending the quota.

The Maratha community, which has been declared as a socially and educationally backward class (SEBC) by the state government, makes up a total of 33 per cent of the total population in the state.

On February 6, 2019, a division bench of Justices Ranjit More and Bharati Danger heard a clutch of petitions by the State government and those for, and against the reservation given to the Maratha Community.

After a detailed hearing for over two months, the High Court had reserved the order on March 26 on these petitions.

On March 8, the Devendra Fadnavis-led state government issued a notification implementing the reservation in the educational institutions.

The Legislative Council of the state had, on June 21, passed an amendment in the SEBC Act, providing 16 per cent reservation to the students of Maratha community in admissions to the post-graduate (PG) courses in medical colleges.