SC quashes Maratha reservation

NEW DELHI: In a major setback for the Maharashtra government, the SC on Wednesday declared the state law to grant reservation to Marathas as unconstitutional and held that the community is not socially and educationally backward to be eligible to be brought within the ambit of affirmative action.
A Constitution bench of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat was unanimous in its view on the unconstitutionality of the law and quashed it on various grounds, which include breaching of the 50% quota rule. It rued that even after 70 years of Independence, people and communities are vying to be declared as ‘backward’ to get the benefit of reservation.
It noted that a majority of the state legislature belongs to the Maratha community—13 of 19 CMs were from the community. “The representation of Marathas in public services in Grade A, B, C and D comes to 33.23%, 29.03%, 37.06% and 36.53%, computed from out of the open category filled posts, and is adequate and satisfactory,” Justice Bhushan said. But it made it clear that people who have availed of the quota for jobs and educational admissions during pendency of the case will not be affected.
MVA govt has to deal with political hot potato
The decision declaring the state law on Maratha quota unconstitutional will cause disquiet in the politically influential community and put the Shiv Sena-led government in a spot even as it will most likely look for avenues to appeal. But the ruling is unlikely to be altered, and the law -- brought in by the previous BJP-Sena government -- is likely to remain a non-starter. Thelaw was backed by all major parties in Maharashtra, and the Sena-led government, which includes NCP and Congress, will have to deal with the political hot potato.
The state had framed the law on November 30, 2018 granting 16% quota for Marathas in government jobs and admission in educational institutions. While upholding the law, Bombay High Court on June 27, 2019, directed the government to bring it down to 12% for education and 13% for jobs as recommended by a state-appointed backward class commission headed by ex-HC judge M B Gaikwad. But on examining all data pertaining to social, educational and political status of Marathas in the state, the apex court, in its judgement running into 569 pages, said both HC and the Commission erred in concluding they are a backward community. It said the community is dominant in the state and part of the national mainstream with adequate representation in government jobs and educational institutions.
The SC, however, made it clear people who availed of Maratha quota in getting government jobs and admission in educational institutions during pendency of the case will not be affected and their jobs and admissions would be protected.
Quashing the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, the bench noted that majority of the legislature belongs to the Maratha community—out of 19 CMs of Maharashtra, 13 were from the community. The court said, “The government committed an error in accepting the recommendation without scrutinising the report with regard to correct percentage of representation of Marathas in services.”
The court said reports of national and state backward commis the claim of Marathas to be included in OBCs since 1955. “We have found that no extraordinary circumstances were made out in granting separate reservation of Maratha community by exceeding the 50 percent ceiling limit of reservation. The Act violates the principle of equality as enshrined in Article
16. The exceeding of ceiling limit without there being any exceptional circumstances clearly violates Article 14 and 16 of the Constitution,” Justice Bhushan said.
The bench noted Marathas are competing successfully with general category and managed to grab around 30% seats in various categories of jobs. The community has succeeded in open competition and got admissions in all t streams, it said.