The undergraduate and postgraduate medical and dental students from the Maratha community on Thursday heaved a sigh of relief as the Bombay High Court dismissed two petitions challenging the amendment to the Socially and Educationally Backward Class (SEBC) Act, 2018. In view of the court order, the Maratha community students will get 12% reservation under the SEBC category for the admission for the undergraduate and postgraduate courses in the current academic year 2019-20.
Petitioners Shweta Pashupati and Keya Moabia had challenged the constitutional validity of the amendment to Section 16 of the SEBC Act 2018. The amendment was introduced to make applicable with retrospective effect reservations in admissions to SEBC classes in medical and dental undergraduate and postgraduate courses. The petitioners had argued that the government had added 16 (2) (a) to bring in Maratha seats which otherwise would not have been available to them for admission in 2019-20.
Further, the petitioners said the changes were brought in on June 25 with retrospective effect from November 30, 2018, which is to circumvent a May 2, 2019 judgement of the Nagpur Bench of Bombay High Court and in contravention of the doctrine of separation of powers. The quota inclusion in the current year would cause tremendous loss to the general category students who had received forms for National Eligibility cum Entrance Test (NEET) from November which was before the law was amended.
However, the government counsel informed the court that the online admission process had already begun and the 12% quota will be applicable to Maratha students under SEBC category at the time of admission. The court upheld the government's argument and ruled that 12% reservation for undergraduate and postgraduate students will benefit from the same in the admission for 2019-20.
Maratha Kranti Morcha coordinator Vinod Patil said the government had already converted an ordinance proposing amendment into the Act which the court upheld at a time when the admission process was underway.
Meanwhile, the Supreme Court will on Friday hear a petition challenging the Bombay High Court's ruling delivered on June 27 upholding the law by which the Maratha community would get a reservation in admissions and government jobs in Maharashtra. The court, however, reduced the 16% quota proposed by the government and reduced it to 12% in education and 13% in government jobs.
The government has engaged former attorney general Mukul Rohatgi while Patil has roped in senior advocate Rakesh Kumar to plead their case in the apex court. The special leave petition has been filed by Sanjeet Shukla, a representative of an NGO, "Youth for Equality". The petitioner had argued that the 12% quota in education and 13% in government jobs to Maratha community breached the 50% ceiling on reservation fixed by the apex court in its landmark judgment in the Indira Sawhney case, also known as the "Mandal verdict".
Quota blues
- Petitioners Shweta Pashupati and Keya Moabia had challenged the constitutional validity of the amendment to Section 16 of the SEBC Act 2018
- In view of the court order, the Maratha students will get 12% reservation under the SEBC category for the admission in the current academic year
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