The Bombay High Court on Monday deferred the hearing on Maratha reservation and asked if the Maharashtra State Commission for Backward Classes could decide on it.
A Division Bench of Chief Justice Manjula Chellur and Justice G.S. Kulkarni was hearing petitions on 16% quota for Marathas in education and jobs. One of the petitions is filed by activist Ketan Tirodkar that contends the State’s decision to term the Maratha community as socially and educationally backward was a “fraud.” The court was meant to hear the final arguments by all parties on Monday.
However, the court said it would be better if the commission hears this matter first as it is an expert body and will be able to give a comprehensive report on the same. The Bench said once the report reaches us it will assist the court to decide the matter. The Bench also said the commission will only decide whether the Maratha community falls under the category of “backward” or not, whether or not it is entitled for reservation is a constitutional issue, which the court will decide. The court has directed both to parties to file their reply and deferred the hearing to March 29.
In December 2016, the State filed 2,800 pages affidavit in court justifying the demand for reservation for Marathas as legal and well within the provisions of the Indian Constitution. The Maharashtra State Commission for Backward Classes was non-functional since March last year ever since the term of retired Justice R.H. Bhatia as the chairman ended. The commission was reconstituted on January 4 and is now being chaired by retired Justice Sambhajirao Mhase and has seven other members. The body suggests which are backward classes. The last two commissions had refuted the demand of reservation for the Maratha community.
In April 21015, the State had informed court that the government converted the ordinance for giving reservation to the community into a Bill in the Winter Session of the State legislature held in December 2014. In 2015, HC had stayed the State’s decision to grant reservation and held that the Maratha community cannot be regarded as Backward Class and the National Commission for Backward Class and the Mandal Commission had come to the conclusion that the Maratha community is socially advanced.
The State had challenged this interim order, but the Supreme Court refused to interfere in the matter as it was pending before the High Court and the government was challenging an interim order. The Maharashtra government then converted the ordinance into a Bill.
