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SC strikes down Maratha reservation, says it exceeds 50% cap

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In a major ruling which could have a far-reaching impact on the societal aspects of the Marathas, the Supreme Court on Wednesday struck down the reservation in government jobs and educational institutions for the Maratha community brought in by the Maharashtra government in 2018, saying it exceeded the 50% cap imposed earlier.

A five-judge Constitution Bench of the top court, comprising Justices Ashok Bhushan, L Nageswara Rao, S. Abdul Nazeer, Hemant Gupta and Ravindra Bhat pronounced its judgment today. The Supreme Court said that that people from the Maratha community cannot be declared as educationally and socially backward community to bring them within the reserved category.

Justice Bhushan, leading the bench of the Apex Court, while pronouncing the judgment, said, “With respect to Article 342 A, we have up held the Constitutional Amendment and it does not violate any Constitutional provision and therefore, we have dismissed the writ petition challenging the Maratha reservation.”

The Supreme Court in its judgment said that there was no valid ground to breach 50% reservation while granting Maratha reservation.

The bench was hearing a batch of appeals filed challenging the Bombay High Court order that upheld reservations to Marathas in jobs and education under Maharashtra Socially and Educationally Backward Classes (SEBC) Act, 2018.

The Bombay High Court, while upholding the Maratha quota, held that 16% reservation is not justifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by the State Backward Classes Commission.

The Bombay High Court on 27 June 2019 had said the 50% cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances. The apex court had reserved its verdict in March last week, this year. Justice Bhushan, reading out the judgment said, “We do not find any reason in revisiting Indira Sawhney judgment, we follow and reiteration proposition followed in Sawhney’s case.”

The Apex Court in its judgment said that there was no valid ground to breach 50% reservation while granting Maratha reservation. The top court also made it clear in its judgment that people from the Maratha community cannot be declared as educationally and socially backward community to bring them within a reserved category. After the verdict was pronounced, the former standing counsel of the Maharashtra Government, Nishant Katneshwarkar, said that the State has failed to protect the interest of the Maratha community people.

“The Supreme Court has discarded the Gaikwad Commission’s report on the ground that it has failed to make out an exception for exceeding 50% reservation. Interestingly, no advocate from Maharashtra, who is well acquainted with the ground reality including the Advocate General argued in support of the report. The state government of Maharashtra failed to protect the interest of the Maratha community people,” Katneswarkar told ANI.

The Bench of the Apex Court had reserved the judgment on the issue on March 26, Friday, as to whether the SC 1992 verdict for capping reservation at 50% needs re-examination or not.

The final hearings in the case had commenced on 15 March. During the hearing, the central government said that it is of the view that the SEBC Act, which extends reservations to the Maratha community in public education and employment, is constitutional.

The Attorney General (AG) of India, KK Venugopal had earlier stated that States continue to have powers to identify socially and educationally backward classes in so far as it relates to reservations for State institutions.

One of the appeals filed by J Laxman Rao Patil had earlier sought to stay on the High Court order as the reservation today is 65% in education and 62% in jobs, exceeding 50% cap in total reservation.

Another appeal filed by advocate Sanjeet Shukla, a representative of “Youth for Equality”, said the Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted to grant reservation to the Maratha community people in jobs and education, breached the 50% ceiling on reservation fixed by the top court in its judgment in the Indira Sawhney case.

WITH ANI INPUTS

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RURAL HARYANA SEES A SPIKE IN CORONA CASES

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Chandigarh: Amid a surge in coronavirus cases in urban areas, cases are being reported from some of Haryana’s rural areas as well. These cases are coming mostly from Rohtak, Sonipat and Bhiwani. “An increase in corona cases has been reported in the rural areas of the state as well,” Chief Minister Manohar Lal Khattar said. In the wake of this, people residing in rural areas are required to follow guidelines, he added.

It is learnt that several patients may have lost their lives during the last few days in a village named Titauli in Rohtak. Lack of medical facilities, oxygen along with other resources may have led to the deaths. Jagbir Singh, a resident of the village, said that all the patients had corona. Patients suffering from corona in Rohad and Ladhot villages are coming to PGI Rohtak for treatment. Apart from this, patients continue to come from another village named Baas in Hisar, where more than 30 corona cases have been detected.

One of the PGI doctors said on the condition of anonymity that there has been a spike in the death toll in the villages adjoining Rohtak and Bhiwani and also in some other districts. It came to light that 6-8 deaths were reported in Mundhal village of Bhiwani. A villager named Sawan Jaggal said that these were all corona-related deaths. Although, a few of the corona patients were also suffering from other diseases like high blood pressure, blood sugar and had other infections. 

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PUNJAB CM RULES OUT LOCKDOWN, SAYS CURRENT RESTRICTIONS ALREADY STERN

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Punjab Chief Minister Captain Amarinder Singh on Wednesday again ruled out a complete lockdown, noting that the restrictions currently in place were more stringent than the lockdown conditions in many other states, and announced a series of relaxations and relief measures to alleviate the woes of various sections of the people amid the prolonged crisis.

Virtually chairing a cabinet meeting, the Chief Minister compared the Punjab restrictions with the curbs in place in states like Delhi, Maharashtra, Karnataka, and Kerala, among others, and pointed out that it was not necessary to impose a total lockdown.

The relaxations announced include phased opening of shops, and various incentives for the housing sector, including a three-month extension in the permission period of construction of plots/projects for allotments, whether private or allotted, by state urban development authorities.

Amid spiralling Covid cases, the Chief Minister ordered limiting the number of teachers in government schools to 50%, with the rest taking online classes from home. He also directed the Food Department to prepare 5 lakh additional food packets for distribution among Covid patients, to ensure that every patient individually gets a packet even where there is more than one patient in a family. The state government has also announced an additional 10 kg atta for 1.41 crore Smart Ration Card beneficiaries. The food aid is in addition to the 1 lakh food kits, containing 10 kg atta, 2 kg chana and 2 kg sugar, already sanctioned for all poor people testing positive with Covid-19. It is also additional to the food aid announced by the Government of India.

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MAHARASHTRA PREPARING FOR COVID-19 THIRD WAVE SINCE LAST MONTH, SAYS THACKERAY

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Maharashtra Chief Minister Uddhav Thackeray on Wednesday said that the state has been aiming to increase its oxygen generation capacity to 3,000 metric tonnes per day after the Central government warned about the Covid-19 third wave.

Thackeray, while addressing the state through a video conference said, “Central government’s scientific body has warned about the third wave of Covid. We are preparing for that since last month. Several districts are seeing a decline in Covid cases while some districts are seeing an increase in cases. We are keeping a close tab on it.”

The Maharashtra CM further said, “We have a demand of 1700 MT oxygen and 1200 MT is produced by us, rest 500 MT is provided to us by other states and sources with help of Centre.”

“We have to increase our oxygen generation capacity up to 3000 MT every day. We are making preparations for this under the ‘Mission Oxygen’ Program,” he said.

According to official data issued on Wednesday, Maharashtra reported 57,640 fresh Covid-19 cases in the last 24 hours taking the cumulative cases to 48,80,542.

(With ANI inputs)

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Supplies received from global community allocated

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The Union Health Ministry on Wednesday informed that Covid-19 supplies received from the global community have been allocated effectively to the states and Union Territories including 1,764 oxygen concentrators, 1,760 oxygen cylinders, seven oxygen generation plants, 450 ventilators, over 1.35 lakh Remdesivir vials and 1.20 lakh favipiravir strips.

According to a statement issued by the Ministry of Health and Family Welfare, the Government of India has been receiving international donations of Covid-19 relief medical supplies and equipment since 27 April from different countries including the United Kingdom, Ireland, Romania, Russia, UAE, USA, Taiwan, Kuwait, France, Thailand, Germany, Uzbekistan, Belgium, and Italy.

“All items received up to May 4 are allocated to the states and institutions and a substantial part of it stands delivered. This is an ongoing exercise,” the Ministry said.

A streamlined and systematic mechanism for allocation of the support supplies received by India has been put into place by the Central government for effective distribution of the medical and other relief and support material.

“A Standard Operating Procedure has been framed and implemented by the Health Ministry since May 2. A dedicated coordination cell has been created in the Health Ministry to coordinate the receipt and allocation of foreign Covid relief material as grants, aid and donations. This cell started functioning from April 26,” the ministry said.

All these relief medical supplies and equipment are being allocated by the Ministry of Health and Family Welfare in a timely manner to the 38 tertiary care institutions and 31 states, so far in the first tranche.

“This is done considering certain criteria like the number of active cases, case fatality rate, positivity rate, and need. This will help to supplement the medical infrastructure of these institutions and 31 states and UTs, and strengthen their clinical management capacities for prompt and effective clinical management of the hospitalised Covid-19 patients,” it said.

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MAMATA HAS ‘BLOOD ON HER HANDS’: NADDA

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Bharatiya Janata Party (BJP) President JP Nadda, who is on a two-day visit to West Bengal to take stock of the post-poll violence, said on Wednesday that Mamata Banerjee has started her third term as chief minister with blood on her hands.

Briefing media persons, the BJP chief said, “The manner in which a massacre and brutal killings took place and the manner in which the acting chief minister stayed silent for 36 hours speak of her involvement. Mamata ji’s silence speaks about her involvement and she starts her third term with blood on her hands.”

“I condemn the brutal killings which have taken place after the results. We also stand by the people of Bengal and all citizens residing in Bengal with whom such incidents took place. This makes me remember the Partition days. I remember 16 August 1946, Direct Action Day. When I recall that day, I also recall incidents that took place post noon of May 2. We have to keep in mind that May 2 has become ‘khela hobe’ day. We have to remember what Mamata ji said in Nandigram and what happened here,” stated Nadda.

Nadda is on a two-day visit to West Bengal starting from Tuesday to hold a protest against the alleged atrocities on party workers in the state by the ruling Trinamool Congress (TMC) government.

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Operational preparedness not affected: Indian Army

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The Indian Army on Wednesday made it clear that the deployment of military medical professionals did not affect the operational efficiency of the Indian Army, in the wake of the prevailing Covid-19 pandemic.

“A number of articles have appeared in the media indicating that the deployment of Army medical assets in various Covid-19 hospitals has adversely affected the operational efficiency of the Indian Army. It is clarified that deployment of military medical professionals has been deliberated at the highest level and that there is no dilution in the operational preparedness of Indian Armed Forces along both Northern and Western borders,” informed a statement by the Indian Army.

In keeping with its ethos of selfless service to the nation, the Indian Army has created a number of Covid facilities on a war footing in order to provide extensive medical assistance to veterans and their dependents at a number of places. One such facility has been created at the Base Hospital Delhi Cantonment (BHDC) which has been converted completely into a Covid hospital with comprehensive arrangements for providing critical care to all incoming patients.

On May 1, the Indian Army requested all veteran officers of the Armed Forces Medical Services (AFMS) to register themselves on the e-Sehat portal and offer teleconsultation services to countrymen during the Covid-19 crisis.

On April 29, Chief of Army Staff General MM Naravane called on Prime Minister Narendra Modi. They had discussed various initiatives being taken by the Army to help in Covid management, said the Prime Minister’s Office (PMO). According to the statement released by the PMO, General MM Naravane informed the Prime Minister that the medical staff of the Army is being made available to various state governments.

He had also briefed the Prime Minister that the Army is setting up temporary hospitals in various parts of the country, the PMO said. It further informed that General MM Naravane apprised PM Modi that the Army is opening up its hospitals for civilians wherever possible,

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