Maratha Quota: Admissions, appts subject to final order

HC refuses to grant urgent order in the reservation case; asks state government to include riders with advertisements

The Bombay High Court on Tuesday refused to grant an urgent order on reservation granted to the Maratha community.

A three-judge bench of Chief Justice DK Upadhyaya and Justices Girish Kulkarni and Firdosh Pooniwalla has clarified that any admission to educational institutions or job appointments made under the quota would be subject to the final outcome of the petitions.

The bench has also asked the authorities concerned to inform the candidates, who would apply following the advertisements, that the application would be subject to court orders.

The law was passed on February 20 by the Maharashtra legislature granting 10% reservation to the community under the Socially and Educationally Backward Class (SEBC) category in government jobs and education. The Governor’s notification was

issued on February 26. The HC was hearing a batch of petitions opposing the reservation. A few petitions have also been filed supporting it.

Senior counsel Pradeep Sancheti, appearing for one of the petitioners, pointed out to the court that the admissions to various courses take place in June. He submitted that they had difficulty on earlier two occasions when the petitions were filed challenging the Maratha reservation. At the time, the matter had not come up for hearing for six months to a year, and in the meantime, a lot of persons from the Maratha community had availed the benefits under the scheme.

“If the petitions are decided (in favour of petitioners opposing the reservation) in June itself, then the exercise of undoing (admissions and / or employment) should be done at that time itself. The authorities shouldn’t say that the admissions given and hence can’t be undone,” Sancheti argued. To this, the Chief Justice said, “We can’t preempt anything. We will see at the time.” Meanwhile, the court has asked the state government and the petitioners to exchange affidavits.

In March, the HC, while refusing to grant interim stay on the recruitment process for police constables and medical NEET examinations, had clarified that the applications received under the advertisements shall be subject to further orders “in the interest of justice”.