Satya prakash
Tribune News Service
New Delhi, September 9
On Wednesday, the Supreme Court upheld the reservation in government positions and educational institutions for candidates belonging to the Maratha community in Maharashtra and referred the matter to a Constitutional Court for final adjudication.
However, a bench of three judges led by Judge L Nageswara Rao said that already made admissions to PG courses should not be changed.
Now the matter will be referred to CJI SA Bobde to constitute an appropriate tribunal.
But as long as the matter is pending before the higher court, no reservation can be given to the Maratha community under the Socially and Educationally Backward Classes Act (SEBC).
The higher court hears petitions challenging the ESCB Law, which provides for the reservation to the Maratha community in admissions for public employment and education.
The Maharashtra Assembly passed the ESCB Act of 2018 granting a 16 per cent reserve to Marathas beyond the 50 per cent limit imposed in the 1992 Supreme Court verdict in the Indra Shawney case.
On June 27, 2019, the Mumbai High Court upheld the reservation for marathas in the state, but struck down the 16 percent quota, calling it “not justifiable.”
The higher court had ruled that it should not exceed 12 per cent for education and 13 per cent for government jobs, as recommended by the Maharashtra State Retarded Class Commission.
The high court had said that the limit of 50 per cent of total reserves imposed by the Supreme Court could be exceeded in exceptional circumstances.
He had accepted the Maharashtra government’s argument that the Maratha community was socially and educationally backward, and the state had a duty to take steps to improve it.
The higher court’s decision was challenged in the Supreme Court.
