The Gujarat High Court onWednesday sought reply from the state government on a petition challenging the rule that only those members of the Mahar community who have been living in Gujarat prior to 1960 shall be recognized as Scheduled Caste (SC).Justice A Y Kogje issued a notice to the government, seeking its reply by March 11, on the petition by Lord Buddha Foundation, a public trust.Mahars are recognised as an SC community by the central government as well as several states including Gujarat and Maharashtra.As per the petition, on March 30, 1998, the Gujarat government passed a resolution stating that only those Mahars who were residents of Gujarat prior to the formation of the state on May 1, 1960, will be deemed to be SC and get the benefit of reservation."Such discrimination meted out to persons who are not in a position to show that they were residing in the state of Gujarat prior to 1.5.1960 is arbitrary" and therefore it violates the right to equality under Article 14 of the Constitution, it said.Mahars were recognised as an SC community in the erstwhile Bombay state which was later bifurcated and reorganized into the states of Maharashtra and Gujarat, it noted.
