Fadnavis 1, Opposition 0

Ahead of state Assembly polls, Bombay HC upholds Maratha quota in jobs and education; suggests lower cap

With a final fight due in the Apex Court, the Devendra Fadnavis-led BJP government in the state has outperformed its predecessors in making the Maratha reservation a reality. Thursday's verdict by the Bombay High Court not only ratified the state's right to legislate a law that surpassed a 50 per cent cap on quota, but also upheld the reservation, saying that the quantum should be less than 16 per cent that the state law had granted to the community under a new category of Socially and Economically Backward Class (SEBC).

The court said giving reservation was the government's prerogative, but set a cap of 12 per cent (in education) and 13 per cent (jobs), denying 16 per cent each in both sectors. This was in accordance with the finding and recommendation of the backward class commission which had compiled a report on the issue.

Also read: Maharashtra schools find ways to get around Marathi rule

Politically significant, the development is seen as the biggest ever socio-political achievement of Fadnavis. The unprecedented protest by the community had taken the country by storm for various reasons — the silent marches of lakhs of participants and keeping political forces away from the agitation.

Mission accomplished
The trigger for the Maratha protest was a brutal gang rape and murder of a Maratha girl in Kopardi, Ahmednagar. Firstly, a demand to abolish the Prevention of Atrocities against SCs and STs Act was raised, and then the scope was widened with a demand for quota in jobs and education.

Over the next three years, Fadnavis ensured that his group of ministers and legal teams proved the point in the court and outside it without compromising the existing quota for other backward classes (OBCs). The chief minister set up a backward class commission to study the social and economic status of the community and encouraged it to finish the job as early as possible so that the commission's report was submitted to the court for ratification.

The process was completed before the Lok Sabha polls, which gave BJP and Sena an overwhelming decision, and evidently had a significant share of Maratha voters. Thursday's court verdict should benefit the BJP even more in the upcoming October Assembly polls. The Maratha community welcomed the verdict and thanked the BJP government for it.

Community thanks govt

Maratha activist Bhaiya Patil told mid-day that many people felt that the quota for Marathas shouldn't be upheld. "But it was legally full-proof. The government provided a battery of good lawyers. The intellectuals from the community came together and worked hard for the cause. On one side we had flashy leaders and on the other we had these intellectuals and thinkers," he said.

Also read: Vinod Tawde: Caste certificate not mandatory for SEBC students

Patil said the community was cheated by the Congress and NCP government (by bringing an ordinance ahead of 2014 elections which was later scrapped by the court and BJP government had to make a new law). Now, eligible students should take benefit of the quota."

Within our right: Fadnavis

Fadnavis said that the quantifiable data "provided to the court established the community's backwardness in social, educational and job sectors." He thanked all stakeholders, adding, "The court refused to stay the order until the Supreme Court decides the appeal of (quota) challengers. This means the law will continue to be in force."

The next challenge for Fadnavis would be to cater to a similar demand by the Dhangar community. The BJP has refused Muslims a quota which the Congress-NCP had granted and also upheld by the court while scrapping the same for Marathas some years ago. The BJP says no quota should be given on the basis of religion and argues that most Muslim sub-castes were already covered under the existing reservation.

Also read: Milind Deora tells Devendra Fadnavis, save mangroves, don't mess with nature

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