Bombay HC Grants Marathas 13% Reservation In Jobs & 12% In Education, Twitter Reacts

Reservation is one of the most debated aspects of the jobs and education system in India. While it is a boon for those in desperate need of it, many criticize it. As per the hitherto prevalent system, students from scheduled caste, scheduled tribes had seats reserved for them in colleges.

Marathas, the natives of Maharashtra have been struggling to get a reservation in the educational and employment system since years, and the Bombay High Court has finally granted their plea!

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They have confirmed the reservation of Marathas but quashed the 16% quota by calling it “not justifiable”, reports The Hindu. The court had ordered that reservation should not exceed 12% for education and 13% for jobs as recommended by the Maharashtra State Backward Class Commission (MSBCC).

“We hold and declare that the State possesses the legislative competence to enact the Maharashtra State Reservation for Seats for Admission in Educational Institutions in the State and for appointments in the public services and posts under the State (for Socially and Educationally Backward Classes) SEBC Act, 2018, and the State’s legislative competence is not in any way affected by the Constitution,” a Division Bench of Justices Ranjit More and Bharati Dangre said.

Chief Minister Devendra Fadnavis has given a thumbs up to the court’s decision and said in the Assembly, “The court has upheld the extraordinary and exceptional circumstances mentioned in the report to provide quota to Marathas, due to which the reservation quantum in the State has crossed 50%.”

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The court also confirmed that the classification of the Maratha class into “Socially and Educationally Backward Class” was justified. In the 487-page judgment, the Bench stated, “We hold and declare that the report of the Gaikwad Commission has set out the ‘exceptional circumstances and extra-ordinary situations’ justifying crossing of the limit of 50% reservation as set out in the Indra Sawhney case (Supreme Court).”

The court further mentioned, “The 50% limit of reservation can be crossed subject to availability of quantifiable and contemporaneous data reflecting backwardness, the inadequacy of representation and without affecting the efficiency in administration.”

The declaration further mentioned that the classification “complies with the twin test of reasonable classification permissible under Article 14 (equality before the law) of the Constitution of India, namely, intelligible differentia and rational nexus to the object sought to be achieved.”

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It stated, “We, however, hold that the quantum of reservation set out by the Maharashtra State Reservation for seats for admission in educational institutions in the State and for appointments in the public services and posts under the State for SEBC as 16% is not justifiable and we quash and set aside the quantum of reservation under the said provisions over and above 12% and 13% respectively as recommended by the Commission.”

While the Marathas are overjoyed to welcome the court’s decision, their reservation is not going well with the masses. They have taken to social media to air their views about the ruling.

Opposing the verdict, Advocate Gunratan Sadavarte, told The Hindu, “We will appeal in the Supreme Court as the reservation is against the spirit of the Constitution and breaks the 50% mandate of reservation in the State. It is reverse discrimination against the general category.”

Is it a yay or nay for you? Do you support the court’s decision or you are against any form of reservation in education and employment sector and believe in merit?

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