Maratha reservation passes the Bombay High Court Test

Bombay High Court upholds it’s decision on 16% Maratha community reservation. It recommended the reservation to be 12-13%.

A division bench of Justice Ranjit More and Bharati Dangre held the Socially Economically Backward Class Act but struck down the 16% reservation and said the reservation should be 12-13% as suggested by the Maharashtra State Backward Class Commission.

On November 29, 2018, the Maharashtra Assembly had passed the Maratha Reservation Bill on 16% quota in government jobs and education for the Marathas, declared a “socially and educationally backward class”. This raises the reservation in the State from to 68% from 52% and crosses the 50% ceiling set by the Supreme Court.

“This is a compelling, extraordinary situation demanding extraordinary solutions within the constitutional framework,” the draft Bill says, while suggesting “expedient” reservation for the Marathas.

In February, the bench had started hearing a bunch of petitions by the State government as well as those for and against the reservation. While deciding on the quota, the government had considered recommendations made by the Maharashtra State Backward Class Commission. The court reserved the judgment in April.

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