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Bombay HC upholds Maharashtra’s Maratha quota; reduces from 16 to 12-13%

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The Bombay High Court on Thursday upheld the constitutional validity of reservation for the Maratha community in government jobs and education. It however, brought down the percentage.

A division bench of Justices Ranjit More and Bharati Dangre, reduced the quota percentage from 16% to 12 to 13%, as had been 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% should be reduced to 12 to 13% as recommended by the commission,” the bench said.

Numerous petitions that had been filed in the court, that challenged Maharashtra government’s decision granting 16% reservation to the Maratha community in government jobs and educational institutions. The Maharashtra legislature had passed a bill in November 30, 2018, regarding the same.

The reservation will be in addition to the existing 52% overall reservation in the state.
The petitions said that the additional quota was in violation of the Supreme Court’s orders which say that reservation in any state should not exceed more than 50%.

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