Chief Minister Devendra Fadnavis

The Maharashtra government has decided to support its December 2014 decision to give 16 per cent reservations in education and government jobs sectors to the Maratha community in the Bombay high court. The state has appointed senior counsel Harish Salve to represent it in the HC.

Chief minister Devendra Fadnavis in a meeting held on Wednesday morning at his official residence, Varsha, has assured that the state will submit strong evidence by way of records and documents before the HC in the next hearing scheduled on October 13. Mr Fadnavis was chairing a meeting of the government’s steering committee set up over the Maratha reservation issue. Those who attended the meeting included ministers Vinod Tawde, Chandrakant Patil, minister of state Ranjeet Patil, leader of opposition Radhakrishna Vikhe Patil and senior NCP leader and the member of the committee Ajit Pawar. Besides, the principal secretaries and other officials of various state departments, including the law and judiciary, general administration and social justice, were present in the meeting.

In 2014, the then Congress-NCP government had issued an ordinance to give 16 per cent quota to the Marathas and 5 per cent to Muslims. The Fadnavis-led BJP-Shiv Sena government then turned the ordinance into an Act in December 2014. But in April 2015, the Bombay HC stayed the Act in response to a petition, which challenged the decision. The HC also said that no substantial evidence was produced by the state to prove that the Marathas were economically backward. Dismissing the quotas on November 14, 2014, a bench of Chief Justice Mohit Shah and Justice M.S. Sonak had pointed at the Supreme Court constitution bench norm capping reservation at 50 per cent.

“The reservation ceiling cannot exceed 50 per cent, except in extraordinary situations and for extraordinary reasons,” the HC had said. The state has already, via the State Reservation Act-2001, provided 52 per cent reservation to backward communities including those belonging to the OBC, ST, SC categories.

Mr Pawar suggested as Marathas are organising huge protests across the state, the government should take cognisance and provide them reservation. Mr Vikhe-Patil assured the chief minister that opposition and ruling parties are with the state on the question of Maratha reservation.

According to an insider, the CM asked ministers to provide strong documents before the HC to ensure court will convince with the need of reservation. Mr Tawade informed that he has collected more than 1,200 evidences which will prove Maratha community is backward and it needs reservation. “During the hearing, the government will submit 70 evidences to the court on why reservation for Marathas is necessary, how they have remained largely backward and their financial condition is not good,” Mr Tawade said. The affidavit would be supported by solid documentary evidence to “prove” to the HC that a large section of the Maratha caste population was economically backward and deserved quota on economic grounds, said a law department official.