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Maharashtra Govt to seek intervention of PM & President over Maratha Quota Reservation

Maratha Reservation Law Insider IN

Teesha

In a meeting held on 8th May 2021, Maharashtra Cabinet Sub-Committee on Maratha reservation decided to write to the Prime Minister and President, seeking their intervention in order to restore the Maratha quota. 

The meeting was attended by Ministers Ashok Chavan, Eknath Shinde, Dilip Walse Patil, Chief Secretary Sitaram Kunte, Advocate General Ashutosh Kumbhkoni and others

It is also decided that a committee would be formed to analyse the Supreme Court’s verdict of 5th May, 2021 in which it struck down the Maratha quota in educational institutions and public employment. 

A report by the committee would be presented after 15 days in pursuance of same. 

Further the Chief of Sub- Committee Ashok Chavan reflected that a review petition against the court’s order is also under consideration. 

The Contention follows the judgement of Constitution bench comprising of Justices Ashok Bhushan, S Abdul Nazeer, L Nageswara Rao, Hemant Gupta and S Ravindra Bhat in which it was unanimously ruled that neither the Gaikwad Commission nor the High Court made pointed out any special circumstances for exceeding the ceiling of 50% reservation for Marathas. 

Moreover, the apex court observed that there was no question of reviewing the landmark verdict in the 1992 Indra Sawhney v. Union of India case which had capped the total reservation at 50%.

Therefore it struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018 to the extent that Marathas cannot be held as “Socially and Educationally Backward Class” and they are not entitled to reservation.

Following the same BJP MP Sambhaji Chhatrapati urged the Maharashtra government and the Centre to ensure that Maratha reservation is granted despite the Supreme Court’s order. 

He addressed letters stating the same to CM Uddhav Thackeray. Devendra Fadnavis, the Rajya Sabha MP reflected that “the SC judgment was unfortunate for Marathas. Maintaining that the demand of Maratha quota is “Non-negotiable”, and the the duty to ensure this lies on the centre as well as the state.”