Bombay High Court gets Maharashtra's Maratha Act together

In a development that leaves the open category's share shrunken to a quarter of the pie, the Bombay High Court upheld the government's decision to provide reservation in public employment and education to Maratha community under the Socially & Educationally Backward Class (SEBC) Act, 2018.

But the high court slashed the percentage of the quota from 16%, terming it "unjustifiable". It said reservation should not exceed the State Backward Classes Commission's recommendation of 13% in employment and 12% in education.

The court justified its order saying the government possessed the legislative competence to create a separate category of 'Socially and Educationally Backward Class' and grant reservation.

It deemed the reservation legal and constitutional as the government had the power to provide quota under exceptional circumstances as per the recommendation of the Commission.

The court also upheld the recommendations made by the commission about the "backwardness" of the community, which the government had considered while extending the quota.

So, the quota was allowed to exceed the 50% cap set by the Supreme Court. Earlier the state had 52% quota: for OBCs, SCs, STs, denotified nomadic tribes and special backward categories.

Apart from this 52%, Marathas will get 13% in jobs and 12% in education. Besides this, the 10% reservation for economically weaker sections takes the reservation pie to 75% in the state. This leaves 25% remaining seats for the open category.

"Maratha reservation has been granted without touching the existing quota for other backward classes. The recommendation of the Backward Classes Commission to provide Maratha reservation under SEBC category exceeding 50% has been accepted. We have won a landmark battle and we will prepare for future ones," said Chief Minister Devendra Fadnavis while welcoming the court's decision.

The high court has declined to stay the implementation of the SEBC Act, which was passed by the legislature in November 2018.

So the reservation is applicable following the court order.

The Maharashtra Assembly had, on November 30, 2018, passed the Maratha Reservation Bill which extended 16% reservation in educational institutions and government jobs to the Maratha community.

Fourth Of Pie Remains

Ripples from the order

• Reservation in the state increases to 75% from 52%, following 12-13% provided to Marathas and 10% to EWS
• HC order upholding the quota gives relief to undergraduate and postgraduate Maratha students
• This will trigger fresh demand for quota by Dhangar and other communities 

Seat Share Law

• Nov 30, 2018: State passes law to give 16% quota to Marathas in jobs & education, apart from quota for SC/ STs, OBCs, nomadic tribes, special backward categories
• Dec 2018: Petitions filed in HC against 16% quota given by creating ‘Socially & Educationally Backward Class’
• Jun 27, 2019: Bombay HC upholds reservation for Maratha community, though it reduces the quota from 16% to 13% in jobs and 12% in education