JOIN USThe Bombay High Court on Thursday upheld the constitutional validity of reservation for the Maratha community in government jobs and education.
A division bench of Justices Ranjit More and Bharati Dangre, however, said the quota percentage should be reduced from 16 per cent to 12 to 13 per cent, as recommended by the State Backward Classes Commission.
"We hold and declare that the state government possesses legislative competence to create a separate category of the Socially and Educationally Backward Class (SEBC) and grant reservation," the court said.
"We, however, have held that the 16 per cent should be reduced to 12 to 13 per cent as recommended by the commission," the bench said.
The court was hearing a bunch of petitions challenging Maharashtra government's decision granting 16 per cent reservation to the Maratha community in government jobs and educational institutions.
On November 30, 2018, the Maharashtra legislature passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the state government.
The reservation will be in addition to the existing 52 per cent overall reservation in the state. With the 16 per cent reservation for Marathas, the reservation quantum in the state was expected to rise to 68 per cent.
Several petitions were filed in the court challenging the reservation, while a few others were filed in its support.
The petitions challenging the quota decision had argued that it was violative of Supreme Court's orders which say that reservation in any state should not exceed more than 50 per cent.
The government, while defending its decision, had said that it was meant to alleviate the Maratha community, which it said was socially and economically backward.
Following is the chronology of events pertaining to the Maratha quota case:
June 2017: Maharashtra government constitutes State Backward Class Commission to study the social, financial and educational status of Maratha community.
July 2018: Sporadic violence across Maharashtra by the Maratha community demanding quota in education and government jobs.
November 15, 2018: Commission submits its report to the Maharashtra government.
November 30, 2018: Maharashtra legislature passes a bill proposing 16 per cent reservation in education and government jobs for Maratha community, declared as socially and educationally backward class by the government.
November 30, 2018: Maharashtra Governor C Vidyasagar Rao approves and signs the bill.
December 3, 2018: Bunch of petitions filed in Bombay High Court challenging the quota decision, and terms it as violative of the Supreme Court orders which says that reservation in any state should not exceed over 50 per cent.
December 5, 2018: Bombay High Court refuses to grant interim stay on the quota decision but posts petitions for final hearing.
January 18, 2019: Maharashtra government files affidavit, standing by its decision to grant reservation to the Maratha community, and says it was meant to alleviate the "socially and economically" backward class.
February 6, 2019: A division bench of Justices Ranjit More and Bharati Dangre commences final hearing into all petitions pertaining to the Maratha reservation issue.
March 26, 2019: HC concludes hearing arguments in the petitions. Reserves its judgment.
June 24, 2019: HC says it would pronounce its verdict on the petitions on June 27.
June 27, 2019: HC upholds constitutional validity of reservation for the Maratha community, but asks the government to reduce it from 16 per cent to 12 to 13 per cent, as recommended by the State Backward Classes Commission.