Reservation for Marathas and Muslims : Maharashtra Government files SLP in Supreme Court challenging interim order of stay granted by Bombay High Court

The Maharashtra Government on Friday filed a Special Leave Petition (SLP) in the Supreme Court seeking leave to appeal against the interim order passed by the Bombay High Court in a batch of Public Interest Litigations (PILs), staying the 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 and 5% reservations for Muslims in Government service.

The Public Interest Litigations challenging reservation for the Marathas and Muslims were filed before the Bombay High Court by noted journalist and social activist Ketan Tirodkar, an NGO - Youth for Equality, Anil Thanekar and I S Gilada of Indian Health Organisation and others.

 

Journalist Ketan Tirodkar contended in his petition that Marathas have been wrongly categorised as socially and educationally backward. The petition claims that Marathas are not a caste, they comprise a linguistic group, and that Marathas are a dominant community, not a backward one. 52% seats in government jobs and educational institutions were already reserved for the targeted groups 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, he alleged.

Admitting the batch of Public Interest Litigations, a Bench of the Bombay High Court headed by Chief Justice Mohit Shah had said that the Supreme Court had already laid down the law that reservation cannot exceed 50% of the total seats. The Bombay High Court 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. The Bombay High Court justified its reasoning to that effect, citing "abysmally low" educational achievements and the need to draw the (Muslim) community into the "mainstream of secular education". The Court however, excluded private educational bodies from the purview of reservations for the minority community in educational institutions.

Defending the Government's reservation policy, Maharashtra Chief Minister said  'We will take measures to ensure that the quota remains'

The Bombay High Court, went on to list the matter for further hearing on January 5.

Following the order passed by the Bombay High Court, Chief Minister Devendra Fadnavis had said: "The state government is fully supportive of the Maratha quota. We will appeal in Supreme Court on the High Court ruling. We will take measures to ensure that the quota remains. If the court has pointed out any discrepancy in the law, we will remove any lacunae in it during the winter session of the state legislature in Nagpur."  

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"If the court has pointed out any discrepancy in the law, we will remove any lacunae in it during the winter session of the state legislature in Nagpur."  - Maharashtra Chief Minister, Devendra Fadnavis

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Apart from the portion of the Bombay High Court’s interim order staying the Government’s move to provide 16 per cent reservation to Marathas in government jobs and educational institutions, the Maharashtra Government will also impugn in the SLP, the High Court’s order staying the Government’s decision to provide reservation to Muslims in Government service.  

Education Minister Vinod Tawde said Attorney general Mukul Rohatgi, Advocate General of Maharashtra, Sunil Manohar and senior lawyer Darius Khambata would argue the SLP on behalf of the Maharashtra Government.