Govt bypassed constitutional provisions while granting quota

Opposing the 16 per cent reservation granted to Maratha community, the Raza Academy on Monday, informed the Bombay High Court that the Maharashtra government bypassed the legal procedure for including the community in the Socially and Educationally Backward Class (SEBC).

A division bench of Justices Ranjit More and Bharati Dangre is hearing a bunch of petitions challenging the reservation to Marathas in government jobs and education. The bench has been hearing final arguments since last week and till now has heard submissions of senior counsels Arvind Datar, Pradeep Sancheti for advocate Sanjeet Shukla, a petitioner against the reservation. The bench has also heard the arguments of former Advocate General Shrihari Aney, who appeared for another petitioner opposing the quota. On Monday, the Raza Academy commenced its argyments through advocate Satish Talekar, who argued that the government has not followed the due procedure of law in granting quota to Marathas. "By virtue of the 102nd amendment to the Constitution of India, the Parliament conferred special powers on the President. It made the President as the sole authority to decide on whether to include or exclude any caste or community from a reserved category," Talekar said. "The President has to consult the National Backward Class Commission for doing so. But in the instant case, the government totally bypassed these provisions and acted contrary to the Constitution," Talekar argued.

Talekar further said the government has not taken any consent of the President for granting quota to Marathas and neither has it consulted the National Backward Class Commission. "This amendment was passed by the Parliament in October 2018 and despite this, the State Backward Class Commission continued with its work and went on to submit its report in November. And over all this, the state government passed a bill and gave reservation. All this is illegal and against the constitutional provisions," Talekar argued. The Raza Academy has petitioned the HC challenging the quota to Marathas. It has contended that the government cannot give reservation to Marathas, unless it provides reservation to Muslims. The bench has posted the matter for further hearing on Wednesday.