Maratha quota valid but should be cut from 16 to 12-13% : Bombay High Court
Mumbai: The Bombay High Court on Thursday upheld the constitutional validity of reservation for the Maratha community in government jobs and education.
A division bench of Justices Ranjit More and Bharati Dangre, however, said the quota percentage should be reduced from 16 per cent to 12 to 13 per cent, as recommended by the State Backward Classes Commission.
"We hold and declare that the state government possesses legislative competence to create a separate category of the Socially and Educationally Backward Class (SEBC) and grant reservation," the court said.
"We, however, have held that the 16 per cent should be reduced to 12 to 13 per cent as recommended by the commission," the bench said.
The court was hearing a bunch of petitions challenging Maharashtra government's decision granting 16 per cent reservation to the Maratha community in government jobs and educational institutions.
On November 30, 2018, the Maharashtra legislature passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the state government.
The reservation will be in addition to the existing 52 per cent overall reservation in the state. With the 16 per cent reservation for Marathas, the reservation quantum in the state was expected to rise to 68 per cent.
Several petitions were filed in the court challenging the reservation, while a few others were filed in its support.
The petitions challenging the quota decision had argued that it was violative of Supreme Court's orders which say that reservation in any state should not exceed more than 50 per cent.
The government, while defending its decision, had said that it was meant to alleviate the Maratha community, which it said was socially and economically backward.
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Ramanagara (Karnataka), Apr 26: JD(S) leader and former Chief Minister H D Kumaraswamy on Friday alleged that cash and gift vouchers were distributed in Bengaluru Rural constituency, especially in Kanakapura Taluk, a charge rejected by Deputy Chief Minister D K Shivakumar.
D K Suresh, brother of Shivakumar, is seeking re-election from the seat for the fourth time.
The NDA, of which JD(S) is a part, has fielded cardiologist Dr C N Manjunath -- brother-in-law of Kumaraswamy and son-in-law of former Prime Minister H D Deve Gowda -- who is contesting on BJP ticket.
As the elections were in progress in 14 constituencies in the state, Kumaraswamy alleged that some supporters of BJP and the JD(S), were attacked in Kanakapura Taluk and their shirts were torn off.
"Guarantee cards (gift vouchers) were distributed with which people can make purchases up to Rs 10,000. When our boys made a noise, they were attacked," he alleged.
Money was also distributed since Thursday night, he said, adding that in Kunigal Taluk, a man died by suicide after Congress workers "attacked, pestered and threatened him."
"Even after giving complaints to the Election Commission, no action was taken," Kumaraswamy said, and added sarcastically: "I want to tell the EC to allow people to openly allow distribution."
Dismissing the allegation, Shivakumar accused Kumaraswamy of specialising in blame shifting.
Speaking to reporters after casting his vote at his birthplace Dodda Aalahalli in Kanakapura Taluk in Ramanagara district, he said, "It is Kumaraswamy’s habit to shift blame to others after committing a crime. He distributes gift cards and money to voters but accuses the Congress of doing so."
Regarding the allegation that Congress is giving gift coupons worth Rs 10,000 in Lulu Mall, Shivakumar said, "Let him (Kumaraswamy) go and lodge a complaint with the Election Commission. It is easy to do hit-and-run without any proof."
