The Bombay High Court on Wednesday extended a stay on the matter pertaining to 16% quota for Marathas in public jobs, by another six months, giving an extension for open category employees who have been appointed as a temporary measure to fill reserved posts.
A Division Bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing a bunch of petitions on the issue of Maratha reservation in government jobs and educational institutions. Government pleader Abhinandan Vagyani had sough an 11-month extension.
The government had moved a civil application informing the court that the 11-month contracts for the posts had ended and a temporary extension was needed as the positions could not be left vacant. The HC said a special bench will be assigned to hear the plea for an 11-month extension.
Case so far
In 2015, the HC had stayed the government’s decision to grant reservation to Marathas, saying that the National Commission for Backward Class and the Mandal Commission had classified the community as socially advanced.
The State told the court it would forward data on the Maratha community to the Maharashtra State Commission for Backward Classes. The HC had said it would be better if the commission heard the matter first. It had also said the commission will only decide whether the Maratha community falls under the “backward” category; if the community is entitled for reservation is a constitutional issue which the court will decide.
In December 2016, the State filed a 2,800-page affidavit justifying the demand for quota for Marathas as legal and well within the provisions of the Constitution.
