PIL in the Bombay High Court demands scrapping it claiming it to be unconstitutional
Barely a month before the model election code is put in place, the BJP-led Government of Maharashtra has granted a 10 per cent quota in jobs and education to the economically weaker sections of the population from the upper castes of all religions. On Monday, the state cabinet endorsed the Centre's decision that was approved in the Parliament last month and cleared it for implementation in the state with a retrospective effect from February 1, 2019.
The Marathas who were recently given a 16 per cent quota, would not be eligible for the new quota. Before the Maratha quota, the state had 52 per cent reservations and went up to 68 per cent after it was implemented. Chief Minister Fadnavis said that the state would ensure that of the remaining 32 per cent, 10 per cent would go to the needy belonging to the open category.
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Maratha activist Vinod Patil has, however, said that the Maratha community can benefit from the new upper caste reservation, since they could still claim the Centre's quota as the 16 per cent reservation is for state-controlled entities. The upper limit of annual income for the open category for availing the new quota is Rs 8 lakh.
Challenged in HC
While Maratha quota has been challenged in the Bombay High Court, two activist lawyers have approached the court to get the upper caste quota scrapped too. Advocate Ejaz Naqvi filed a public interest litigation (PIL) on January 22 in the Bombay High Court in anticipation that the Maharashtra Government too would follow the Centre's suit. Naqvi represents legal activists D V Saroj and Ameen Mustafa Idrisi.
Naqvi said the petitioners want the 10 per cent quota scrapped because it is not feasible and deny the people who are underprivileged for generations their rights. He also said that the decision also denies minorities (lingual, religious and cultural) its share because the additional quota has been applied to the minority-controlled aided and non-aided educational institutes.
"This is not acceptable. The minority institutes ensure that the deprived classes from among them get their constitutional share in claiming good education. The 10 per cent extra quota would reduce seats for the deserving candidates," said Naqvi.
The PIL also aims to gain clarity on deciding economically-weaker sections. "How have they decided that some people are economically weaker? There is no clarity or process mentioned in the new law," Naqvi added.
He also said that the 50 per cent cap on social reservation cannot be breached by any government in India. The court has scheduled next hearing of the case on February 11.
The lawyer said that the state's assurances of a five per cent quota each to Kolis, Dhangars, and certain Muslim castes (total 15 per cent) too are under question because they are all against the basic features of the constitution. "There are many other specific quotas for physically challenged, ex-servicemen and others. "All this, if put together with the proposed quota, would take the total reservation up to 96 per cent," he said.
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