Maharashtra govt turns to caveat to keep SEBC ordinance on 'lawful' track

Even though the Maharashtra government has adopted the ordinance route to restore admission to 250 Maratha students in postgraduate medical and dental courses, the legal battle is far from over. Sources say the state government will file a caveat in court to avoid an ex parte stay on the ordinance.

Meanwhile, PG students whose admissions were cancelled under the Socially and Educationally Backward Class (SEBC) Act, are consulting lawyers to decide further course of action so that the ordinance is not affected till it is converted into a law. Similarly, the students from the general category will approach the Bombay High Court or the Supreme Court after studying the contents of the ordinance.

The state cabinet cleared the ordinance on Friday to amend the SEBC Act 2018 to implement a quota provision to admit Maratha students into medical postgraduate courses this year. 

Governor C Vidyasagar Rao is yet to sign the ordinance.

"The ordinance has to be converted into law by the legislature within six months, otherwise it expires," an official told DNA. "The Law and Judiciary department's opinion is being sought on filing caveat in the high court or in the apex court to avoid any stay on the implementation of the ordinance."

Maratha Kranti Morcha activist and PG student Dr Shivaji Bhosale said it is the government's responsibility to see that the ordinance stands the test of law. He added the students' agitation, which is on its 15th day, will continue till they read the contents of the ordinance.

Students and parents from the General category also stepped in their agitation. "We are waiting for the release of ordinance to contest it in the court of law," said Dr Anju Meswani, one of the agitators, adding, "Even though the state government will reimburse fees of the open category other students, they are not sure of its implementation. Besides, there is not clarity whether the scholarship will be paid for one year or till the completion of the course."

Dr Meswani said the ordinance would affect 2,500 students from the open category, while 250 Maratha candidates were affected by the Supreme Court order.