The petitioners opposing the Maratha reservation concluded their arguments on Monday, stating that the reservation is like “an old wine in a new bottle”.
Advocate Subhash Jha, appearing for one of the petitioners, pointed out that this is the third round of litigation against reservation granted to Maratha community by the State government. On two earlier occasions, the reservation was quashed by the courts.M
Jha argued that the State’s entire claim was like an “old wine in a new bottle”. He said over the years, the State has tried to project that the Maratha community was backward and tried to give reservation. However, the same have been struck down by the courts twice.
The law granting 10% reservation to the community under the Socially and Educationally Backward Class category was passed on February 20 by the Maharashtra legislature based on the report by the Maharashtra State Backward Class Commission (MSBCC) led by retired Justice Sunil B Shukre. The Governor’s notification was issued on February 26. However, several petitions were filed challenging and supporting this order.
This time, the State has justified granting reservation asserting that the community is socially, economically and educationally backward and has been “completely out of the mainstream”. Highlighting the MSBCC report, the State said that the community has regressed, especially since 2018, and hence there was a need to enact the Maharashtra State Reservation Act 2024.
In August, those against the Maratha quota reservations had argued that the State government should “not buckle down” to quota agitation and work by the rule of law, while drawing parallel with the situation in Bangladesh. At the time, the neighbouring country was facing turmoil following agitation by students against reservation for a section of people. The situation in Bangladesh turned volatile resulting in the ouster of the prime minister Sheikh Hasina.
Senior counsel Pradeep Sancheti, for one of the petitioners, argued: “These public meetings, rallies.. State should not buckle down to that. What is the rule of law? It should be a state of equality… Bangladesh is an example.”
The Maratha community has been agitating in Maharashtra for reservation in government jobs and educational institutions with Manoj Jarange-Patil sitting on fast unto death on at least four occasions. It was following this that the government formed MSBCC, which stated that the community suffers from regression and is excluded from the mainstream of national life.
Even the committee, which was added as respondent, reiterated its justification for reservation stating that there is exceptional backwardness in the community and the “entire community is looked down upon”.
The Maharashtra government will start its arguments in support of the reservation on November 19.
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