The Maharashtra State Backward Classes Commission observed that if the other backward classes (OBCs) are abruptly asked to share their entitlement of reservations with 30% Maratha citizenry, it could create an extraordinary situation in the state. The Commission went on to add that if such a situation is not swiftly and judiciously addressed it may lead to unwarranted repercussions in the state.
The Commission in its report emphasised an urgent need to give due justice to Marathas saying that it would be possible unless the ceiling of 50% imposed on the reservation is considered. ''This is the only way available to harmoniously resolve the exceptional circumstances faced by the state. Maharashtra can take a cue from the state of Tamil Nadu, which has similar extraordinary situation and exceptional circumstances within the Constitutional provisions,'' said the Commission in its report recommending reservation of jobs and educational seats for Marathas. Subsequently, the state passed a law providing 16% quota under Socially & Educationally Backward Class (SEBC) category which is above the 50% ceiling. This has been challenged in the Bombay high court.
The Commission pointed out that the Marathas have suffered the most. They had been included in the backward category before Independence. Till 1952 even after Independence, they were included in the intermediate caste category, an old version of the new incarnation of SEBC of citizen.
According to the Commission, most of the other caste groups then included in the intermediate caste were in the list of backward classes. "However, the Marathas had been excluded without any reason and tagged with forward class of citizens to face stiff unequal competition. Consequently, the Marathas are unable to obtain adequate proportion of either the state public employment posts or adequate number of admissions to the higher and technical educational institutions. Most of them being cornered by the forward classes and reserved category candidates competing for merit now,'' the Commission said.