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Bombay HC stays Maratha quota, upholds Muslim reservation in education

CM Devendra Fadnavis assures to challenge the order in the Supreme Court

BS Reporter Mumbai
The high court here on Friday stayed the Maharashtra government’s decision to give 16 per cent reservation to the Maratha community in public service jobs and educational institutions.

The HC also stayed the state government’s decision to provide five per cent reservation to Muslims in government jobs, while allowing their quota in educational institutions.

The previous Congress-Nationalist Congress Party  government of Prithviraj Chavan had issued a resolution in June on providing the reservation. In an interim order, the court said the 16 per cent quota for Marathas seemed unconstitutional. The next hearing is on January 5.

Chief Minister Devendra Fadnavis said the government would appeal to the Supreme Court. “We will sort out all legalities and clear it in the next session (of the state legislative assembly) at Nagpur, slated to start from December 8. The Maharashtra government is all for reservations for Marathas,” said Fadnavis, who took charge on October 31 after Bharatiya Janata Party (BJP) won the state polls.
 

Vinod Tawde, minister for higher and technical education, said the government would ensure Maratha reservation. “I am requesting the chief minister to urgently call an all-party meeting to decide future strategy,” he said.

Nationalist Congress Party  (NCP) spokesman Nawab Malik said his party supported reservation for both communities. “NCP will bring pressure on the government to argue the case properly in the court. Further, the BJP government will have to make clear its position on reservation to both Maratha and Muslim communities. This is necessary as the chief minister said his government was all for reservations for Maratha community but silent over the quota for Muslims.” The NCP, he said, would raise the issue in the legislature and also campaign in the streets.

Congress spokesman Sachin Sawant said the government should quickly take it to the Supreme Court. A petition had challenged the Congress-NCP regime’s decision to extend reservation meant for Other Backward Classes to Marathas. The petition argued Marathas are not a caste but a linguistic group.  Also, a dominant community, not a backward one. The decision, the plea argued, also violated the apex court’s decision that gross reservations could not cross 50 per cent.

RESERVE & RULE
  • The previous Congress-Nationalist Congress Party government had issued a resolution in June on providing the reservation
  • In an interim order on Friday, the court said the 16 per cent quota for Marathas seemed unconstitutional
  • Chief Minister Devendra Fadnavis said the government would appeal to the Supreme Court
  • Minister for Higher and Technical Education Vinod Tawde also said the government would ensure Maratha reservation
  • The next hearing is scheduled for January 5
  • The govt should quickly take it to the SC, says Congress spokesman Sachin Sawant

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First Published: Nov 15 2014 | 12:18 AM IST

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