Senior Advocate V Thorat, appearing for the state, argued that though this is the first petition challenging the reservation given to the Maratha community
The Bombay High Court has posted the hearing of a petition filed by an advocate challenging the 16 per cent reservation granted to the Maratha community for December 10. A division bench of Chief Justice Naresh Patil and Justice MS Karnik will take up the matter on the scheduled date.
Senior Advocate V Thorat, appearing for the state, argued that though this is the first petition challenging the reservation given to the Maratha community, more petitions are expected to come, and thus two weeks' time should be granted.
Advocate Gunratan Sadavarte, in his plea, raised two major points challenging the reservation. First, he relied upon several Supreme Court rulings which have capped the reservations to be granted to a maximum of 50 per cent. Second, he claimed that the reservation granted is unconstitutional.
The plea is the first to be filed in the high court after reservation was granted to Marathas. Maharashtra government moved the Supreme Court on Monday, filing a caveat seeking to inform the court to hear them in any case, before passing any order in matter raising a challenge to the Maratha reservation.
Sadavarte's plea seeks directions from the court by way of interim relief to stay the law granting reservation and after hearing finally, hold the same to be against the set principles of Constitution of India and strike down the same. Sadavarte said, "The reservation is to be based on social backwardness and not merely because of economical backwardness."
CHALLENGES FACED
Advocate Gunratan Sadavarte, in his plea, relied upon several Supreme Court rulings which have capped the reservations to be granted to a maximum of 50 per cent
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