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DNA ANALYSIS: No reservation before commission report

MSBC is expected to submit its status report to Bombay High Court on August 14 during a hearing on Maratha Kranti Morcha's petition.

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Despite politicking from powers that be, the fate of the demand for Maratha reservation hinges solely on the Maharashtra Backward Class Commission's (MSBC) report. Following the MSBC's recommendations, it will be the state cabinet's discretion to support or overrule them.

The Bombay HC in November 2014 had stayed the State's decision to give 16 per cent reservation to Marathas in public service and educational institutions, citing that the SC had already laid down the law for reservation which cannot exceed 50 per cent of total seats. MSBC, which conducted 20 hearings during March and June in all 36 districts, will analyse the data collected by five agencies. The body, headed by Justice MK Gaikwad, will meet on August 3 and 4 to review status and decide a future timeline for preparation and submission of the report to the state government.

MSBC is expected to submit its status report to Bombay High Court on August 14 during a hearing on Maratha Kranti Morcha's petition. In its oral submission to the Bombay High Court, MSBC said the report will be submitted to the state by December 30, 2018.

Former Chief Minister Narayan Rane, who headed the committee to recommend 16 per cent quota for Marathas and 5 per cent to Muslims in the run up to the 2014 Assembly polls, told DNA, "MSBC's report is necessary as it will make suggestions based on compilation of data on the Maratha community. The terms 'Socially and Educationally Backward Classes' as used in Article 15(4) and Backward Classes of citizens used in Article 16(4) have not been defined in the Constitution." He, however, clarified that there was no need for amendments to the Constitution as the state government can enact the law after it receives MSBC's report.

Meanwhile, Shiv Sena chief Uddhav Thackeray says the government should not wait for MSBC's report, however Constitutional expert Siddharth More observes that the government cannot bypass MSBC and take a decision unilaterally. "State government or political parties cannot give any specific timeline to MSBC to submit its report as being a quasi-judicial body, it can take its own time," said More.

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