The Bombay High Court today stayed implementation of the controversial decision of the erstwhile Congress-NCP government in Maharashtra to provide 16 per cent reservation to Marathas in government jobs and educational institutions announced ahead of the Assembly poll.
The HC also stayed the decision to provide five per cent reservation to Muslims in government service but allowed quotas for them in educational institutions, citing "abysmally low" educational achievements and a need to draw them into the "mainstream of secular education".
However, the court ruled that admissions given on the basis of such reservations this year would not be disturbed and students would be allowed to continue their courses.
Admitting a batch of Public Interest Litigations, a bench headed by Chief Justice Mohit Shah said the Supreme Court had already laid down the law for reservation which cannot exceed 50 per cent of the total seats except in extra ordinary circumstances for which justification has to be made.
52 per cent seats in government jobs and educational institutions were already reserved for the targeted groups in the state and the Congress-NCP government had, in the run up to the Assembly poll, raised it to 73 per cent by announcing 16 per cent quotas for Marathas and five per cent for Muslims.
"In the light of clear and cogent findings recorded in 'Second Backward Class Commission Report (Mandal Report 1990), 'National Commission for Backward Class' Report dated February 25, 2000 and 'Maharashtra State Backward Class' Report (Bapat Report) dated July 25, 2008, we hold that the Maratha Community cannot be regarded as 'Backward Class'," the Judges observed.
"Rather, National Commission for Backward Class and Mandal Commission have concluded that Maratha Community is socially advanced and a prestigious community," the bench said.
The court was of the view that the comparative data provided by the government justified its decision to introduce reservation for Muslims in government educational institutions. It, however, excluded private educational bodies from the purview of reservations for the minority community.
"Material placed on record suggests a case of extreme backwardness and the consequent dire necessity to draw the Muslim youths belonging to socially and educationally backward classes into the mainstream of secular education in the state," the bench said.
