The Bombay High Court on Monday questioned the Maharashtra government on the advertisements issued by the State to fill jobs under reservation granted to the Maratha community
A Division Bench of Chief Justice Naresh Patil and Justice MS Karnik was hearing a bunch of public interest litigations and petitions opposing and supporting the new legislation granting 16% reservation to the Marathas.
Advocate Gunratan Sadavarte, appearing for one of the petitioners opposing the reservation, said the government had violated the ceiling of 50% reservation set by the Supreme Court. He also said that only 32% was left for the open category and informed that the State had commenced the process to fill a large number of vacant posts.
He said applications have also been invited under the newly introduced Socially and Educationally Backward Class (SEBC) for Marathas.
The Bench said the matter is before the court and it should be given some breathing space to hear it. The court also asked what the hurry was to fill the posts and said such irreverent situations should be avoided.
However, counsel VA Thorat appearing for the State said only applications have been invited, the exams will be held in July 2019 and the appointment will take place in 2021.
On this, the Bench said, “This is a serious matter affecting millions of people, both for and against the reservation. In such matters such irreverent situations should be avoided. The government should give courts also some breathing space to hear the petitions and pass interim orders.”
“We do not want youngsters who have sent applications to wait endlessly. There has to be a balanced approach in such matters,” it said and directed Mr. Thorat to take instructions from the government on whether it would recruit people under the quota while the petitions are being heard in court.
Commission report
Senior counsel Shreehari Aney, representing another petitioner opposing the reservation, said the State Backward Class Commission report which the State has relied upon for the new quota, needs to be made public. As per the Constitution, he said there can’t be another class, SEBC.
Muslim quota
Senior counsel Yusuf Muchhala, appearing for a Muslim organisation, said, “His grievance is that the government has already formed the policy in 2014 and they have decided to give 5% reservation to Muslims in government jobs and admissions in the educational institutions.”
In the new ordinance, Muslims are also entitled to the 5% of reservation in educational institutions but there was no clarity on government jobs. The matters will be heard on December 19
Advocate attacked
After the hearing was adjourned, advocate Sadavarte was abused and assaulted outside the court by a mob chanting ‘ek maratha lakh maratha.’ He approached the Bench and said, “I have been receiving almost 1000 threat calls from the day I have taken up the matter. I get pictures of my daughter and building sent to me that say we know where you live.” A man named Vaijanath Patil from Jalna district has been apprehended and Mr. Sadavarte has been given security round the clock.