Accordingly, the court said, "In view of the fact that More's admission is prior to November 14, 2014, we are inclined to allow her to appear for the examination. It is made abundantly clear that she shall not claim any equity in the matter. It is directed that the result shall not be declared until further orders of the court."
The Bombay high court recently allowed a student to appear for her first year of Bachelor of Dental Surgery; she had got admission under the Maratha reservation of 16% which the HC has restrained the state from implementing for the time being.
Shivani More had secured admission in pursuance of the ordinance of 2014 passed by the state, granting 16% reservation to Marathas. The ordinance was challenged with various petitions being filed and by way of an order dated November 14, 2014. Interim stay then came to be granted to the operation and implementation of the said ordinance.
Thereafter, the state enacted the Maharashtra State Reservation for Educationally and Socially Backward Category Act. That too has been stayed by the high court. However, the advocate for the petition produced a copy of the state cabinet decision, which said admissions given before the ordinance was stayed will continue till the petitions are finally decided.
Accordingly, the court said, "In view of the fact that More's admission is prior to November 14, 2014, we are inclined to allow her to appear for the examination. It is made abundantly clear that she shall not claim any equity in the matter. It is directed that the result shall not be declared until further orders of the court."
Recently, the HC had directed the state to fill the posts of teachers and professors that had been kept vacant under the proposed 16% reservation for Marathas. The recruitment would be on an ad hoc (temporary) basis for 11 months or until the HC decides on the issue of reservation, whichever comes earlier, the court had said.
The judges had then warned the government against enforcing the reservation while admitting students to colleges across the state for the next academic year, 2015-16.
The petitions filed in the HC challenging the reservation have argued that reservation for Marathas is not required because the community is "socially advanced and prestigious".
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