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Maratha Quota: Maharashtra government unwilling to make 'volatile' report public

Says portions of it pertain to history of the Maratha community, and it might reopen healed wounds and create social unrest

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The state government on Wednesday informed the Bombay High Court that it was willing to submit the Backward Class Commission report, recommending 16 per cent reservation for members of the Maratha community, to the court. However, it is yet to decide on whether it should make the report public or provide a copy to the parties opposing the reservation.

Advocate general of Maharashtra Ashutosh Kumbhakoni said that there are some portions which are not relevant to the recommendations but pertain to the history of the Maratha community, it can create social unrest if made public. "Old wounds might reopen and create social unrest," said Kumbhakoni.

"The government is duty bound to give the entire report to the court. A decision on giving a truncated version of the report to the petitioners, omitting the parts which may not be relevant for them, will be taken in the coming days," he added.

A division bench of Chief Justice Naresh Patil and Justice M S Karnik, said since the petitioners will have to rely on the Commission report to file their replies, a decision on the same needs to be taken by the government soon.

Accordingly, it directed the state government to submit the original report before the court within a week. 'On whether to delete the volatile parts of the report and submit a truncated copy, to the parties', the state will have to inform it decision on the next date.

As of now, 22 petitioners have filed different petitions in the case — six opposing the reservation while 16 are in favour.

Senior Counsel V A Thorat appearing for the state informed the court on instructions from the Secretary of the General Administration Department (GAD), that until the next date of hearing on January 23, the government would not make appointments in any of its departments under the new legislation providing quota to the Maratha community. He said, "Directions will be issued to all the institutions which are governed by the state to not issue the appointment letters."

As regards to the advertisement issued by Maharashtra State Public Commission (MPSC), for mega recruitment, the state said that it would take months for the process to be completed, even if it is initiated now. Thus, the final appointment will be made based on the outcome of the court order.

NO APPOINTMENTS TILL JANUARY 23

The state government told the HC that it will not make appointments in any of its departments under the new legislation providing reservations to the Maratha community until the court takes up the petitions against it. The next hearing is scheduled for January 23. Earlier this month, the high court had chided the government for issuing an advertisement for job recruitment even as petitions challenging the legislation are pending. “The state’s General Administration Department shall issue necessary directions to all local bodies and institutions under its control asking them not to make any appointments under the new legislation till then,” government counsel V A Thorat said said.

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