Won't appoint under Maratha quota till January 23: Maharashtra govt to HC

MUMBAI: The state government informed the Bombay high court on Wednesday that no appointments will be made under the Maratha reservations in public service jobs across agencies or departments till January 23 when the court will begin hearing the challenges to the new law.

The state also said that it would submit a copy of the Backward Class Commission report, in its entirety, to the Bombay high court but expressed some apprehensions to make it public without truncating it.

For the public, the report may need to be truncated said the state.

“Some parts of the report goes into history of the Maratha community, that may create some kind of social unrest," said Maharashtra advocate general Ashutosh Kumbhakoni before a bench of chief justice Naresh Patil and justice MS Karnik. He added, “as it sometimes happens that wounds already closed may be opened."

State’s special counsel VA Thorat also said, “It is our duty to place it before the court.” But he added, “some issues in the report are not relevant to the issue of reservation and are volatile in nature."

The HC was hearing petitions filed to challenge the newly-enacted law that gives 16% reservation in education and public employment to Marathas. There were also petitions which challenged, partially supported or partially challenged the ban and some had intervened to fully support the reservations.

Arguing for the first public interest litigation (PIL) filed against the new act, advocate Gunratan Sadavarte and counsel Pradeep Sancheti for another petitioner challenging the reservation said it clearly exceeds a 50% bar laid down by the Supreme Court. They wanted an assurance from the state that till the HC comprehensively hears and passes interim orders in the matter, the state ought not to issue any letter of appointments to members of Maratha community based on the 16% job reservation under socially and educationally backward class, as apart from MPSC they said there over thousand other agencies and government departments including zilla parishads, local bodies and cooperative societies.

A brief hearing had ensued. Thorat first read out the state’s affidavit which said that a ‘mega recruitment’ by Maharashtra Public Service Commission (MPSC) which the petitioners questioned will take time as the examination itself is only scheduled on February 17.

“The stage of actual implementation of the impugned statute will arise at the end of the selection process which is bound to take a couple of months," said the affidavit by the state’s General Administration Department.

Thorat, asked by the court, finally stated, “till January 23, no appointments will be made under the reservations, in view of the state’s affidavit." The HC had at the last hearing questioned the state’s haste and asked what interim arrangements would it make till the PILs are heard.

“The state’s general administration department shall issue necessary directions to all local bodies and institutions under its control asking them not to make any appointments under the new legislation till then,” he said.

The bench raised a query at one point.

“When applying, will the Maratha candidates be applying in the ‘open’ category or ‘reserved’? Meanwhile, two petitions supported the Maratha reservation but said it should be within the OBC category.

Advocate Rajesh Tekale said in 1994 the state sans any commission report had added 100 tribes into OBC.

VM Thorat with daughter-lawyer Pooja Thorat appearing for another petitioner Ajinath Kadam sought the Gaikwad panel report as his case was that the OBC be reduced to accommodate Maratha.

Advocate Satish Maneshinde too sought the report copy. SB Talekar counsel for an intervenor in the matter added, “It is mandated by law."

Advocate Mihir Desai said the plea he represented challenged only the extent of the reservation. Yousuf Muchala counsel for a petitioner sought to amend an old plea regarding reservations for Muslims which the state had not pursued.