The Bombay High Court has asked the state government whether the benefit of a 10% reservation under the EWS (Economically Weaker Section) category applies to those who fall under the Maratha reservation, which is now stayed.
The Aurangabad bench of Justices S V Gangapurwala and S D Kulkarni had asked the Maharashtra government to file an affidavit.
The bench was hearing a plea filed by three job aspirants who had applied under the SEBC category and the Maratha quota.
Sheetal Zirpe, Varsha Akat, and Vikram Warpe (the petitioners) contended that the High Court must consider their job application under the Economically Weaker Section category as the Supreme Court had ordered a stay on the 10 percent reservation for the Maratha community.
The High Court said:
“It would have been appropriate if the government would have taken a decision as to whether the benefit of the EWS category ought to be granted to the candidates, who have applied from the SEBC category, which has been stayed by the apex court.”
The court further said, “Needless to state, if the candidates in EWS category possess more marks than the present petitioners, then the respondents (government) are free to issue appointment orders to them.”