The Maharashtra government on Friday filed a caveat in the Supreme Court in connection with the Bombay High Court’s judgement on reservation for the Maratha community, ANI reported. The caveat was filed to ensure that no judgement is passed without hearing the state government if there are any appeals against the High Court verdict, according to Live Law.
The High Court on Thursday upheld the state government’s decision to grant reservation to the Maratha community in educational institutions and jobs in public services. However, instead of the 16% reservation proposed by the state government, the court asked the state not to exceed the State Commission for Backward Classes recommendation of 12% in education and 13% in government jobs.
The Maratha community roughly forms one-third of the state population.
A group of petitioners had challenged the state government’s notification that gave 16% reservation to the Maratha community under the Socially and Educationally Backward Classes Act. The petitions had argued that it violated the Supreme Court’s orders that said reservation in any state should not exceed 50%. A 16% quota for Marathas would take the reservation in the state to 68%.
The government, while defending its decision, had said that it was meant to help the Maratha community, which it claimed was socially and economically backward.
The Bombay High Court said it was aware that the Supreme Court in the past said the quota should not exceed 50%. “However, in exceptional circumstances, the 50% can be exceeded if it is based on quantifiable data,” the court said.