SC stays Maratha quota for govt jobs, college admissions; larger bench to take final call

The Supreme Court on Wednesday passed an interim order staying the use of Maratha quota for reservations in government jobs and college admissions in 2020-21. While passing the interim order, the top court also said that a larger bench will determine the validity of the Maratha quota.

The Chief Justice of India, SA Bobde, will take a call on the constitution of the larger bench, the court said in response to petitions that challenged the law, arguing that the total quota now exceeds the 50% cap set by the apex court. The final decision on Maratha quota reservations in jobs and admissions will be taken only after the larger bench gives a verdict in the matter.

The top court also made it clear that PG admissions will not be affected by its interim order.

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Earlier in February, the Supreme Court had refused to stay the Bombay High Court order upholding a Maratha reservation law while examining the constitutional validity of the law granting reservation for Marathas in education and jobs. The apex court said, however, that the aspect of the HC verdict allowing the quota with a retrospective effect, from 2014, would not be made operational. Meanwhile, the Maharashtra government has stated that 'Marathas are not eligible for EWS quota' in the state.

In June 2019, after a year of Maratha agitation, the Maharashtra Legislative State Assembly passed the amendment in the Socially Economically Backward Class Act including 16% reservation in universities and government jobs. The Bombay High Court upheld the decision but reduced the quantum to of the reservation to 12% and 13% for social (jobs) and educational purposes. This brought the total reservation in Maharashtra up to 72% along with the Economically weaker section (in general category) reservation of 10%, passed by the Modi government.

Maratha reservation protest

Previously, in August 2018, thousands of protesters took to the streets of Maharashtra demanding reservations in jobs and education. While Pune and Aurangabad witnessed violent protests, demonstrations also took place in Mumbai and Thane. Succumbing to the powerful Maratha community's demand, then-CM Fadnavis announced amendment in the Socially Economically Backward Class Act including 16% reservation in universities and government jobs. While the Bombay High Court upheld the reservation, reducing its quantum, the government too had passed a law ratifying the reservation. Now, the Thackeray-led Aghadi government is preparing to introduce a Muslim-based reservation in the state.

(With inputs from agencies)

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