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Fill posts kept vacant for 16% Maratha quota: Bombay High Court to Maharashtra government

The recruitments would be on ad hoc (temporary) basis for 11 months or until the HC finally decides on the issue of reservations for Marathas, whichever comes earlier, the court said.

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The Bombay high court on Tuesday directed the state government to fill the posts of teachers and professors which had been kept vacant under the proposed 16% reservation quota for Marathas. The posts would be open to meritorious applicants from all categories, not just Marathas.

The recruitments would be on ad hoc (temporary) basis for 11 months or until the HC finally decides on the issue of reservations for Marathas, whichever comes earlier, the court said.

A division bench of Chief Justice Mohit Shah and Justice G S Kulkarni has questioned the reason behind the posts lying vacant despite the court staying implementation of the 16% reservation for Marathas.

The judges have even warned the government against enforcing the proposed 16% Maratha reservations while admitting students to colleges across the state for the next academic year, 2015-16.

It was in November 2014, that the high court stayed implementation of the erstwhile Congress-NCP government's decision to provide 16% reservations in government jobs and educational institutions to Marathas.

The HC had imposed the stay while hearing a bunch of petitions opposing reservations for Marathas; the petitions stated that the community was a "socially advanced and prestigious community". Also, the HC had held that the Supreme Court had already laid down the rule for reservation; that is, it could not exceed 50% of the total number of seats.

The HC also stayed the decision to set aside 5% reservations for Muslims in government service. But the HC allowed quotas for Muslims in educational institutions, citing the community's "abysmally low" educational achievements and a need to draw it into the "mainstream of secular education".

So far, Maharashtra has 52% reservations in government jobs and educational institutions for targeted groups. In July 2014, though, the Congress-NCP government announced 16% quotas for Marathas and 5% for Muslims, thus raising the total to 73%.

The court has kept the petitions for further hearing in July.

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