Bombay HC upholds Maratha reservation with reduced quota

Shiv Kumar
Tribune News Service
Mumbai, June 27

The Bombay High Court on Thursday upheld the validity of reservation for the Maratha community in government jobs and educational institutions enacted by the Maharashtra government while asking the quota to be reduced to 12 to 13 per cent from 16 per cent.

Judges Ranjit More and Bharati Dongre of the Bombay High Court ruled that the Maharashtra legislature was legally competent to exceed the 50 per cent ceiling on reservations mandated by the Supreme Court.

“The state possesses legislative competence to enact the Socially and Educationally Backward Class (SEBC) Act of 2018 ... which provided for reservation to the Maratha community,” the court said.

The judges also added that extraordinary circumstances existed to cross the 50 per cent ceiling on reservations. “The 50 per cent ceiling of reservation can be crossed when there exists extraordinary circumstances,” the court added. The judges of the Bombay High Court also cited the Justice Gaikwad commission which showed the existence of these extraordinary circumstances.

The court, however, cited the recommendations of the State Backward Classes Commission to rule that the quota for the Maratha community be reduced from 16 per cent to 12 to 13 per cent. “We, however, have held that the 16 per cent should be reduced to 12 to 13 per cent as recommended by the commission,” the Bench added.

The Maharashtra Legislative Assembly had last November passed a Bill granting 16 per cent reservation for the Maratha community in educational institutions and government jobs after classifying them as a socially and educationally backward class. As a result, total quotas in government jobs and educational institutions were expected to touch 68 per cent, according to petitioners who challenged the quota for the community.