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Maratha quota valid but should be cut from 16 to 12-13 %: Bombay HC

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The Bombay High Court today 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 the present 16 per cent to 12 to 13 per cent. 

The reduced quota is as recommended by the State Backward Classes Commission.

The court declared 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 was hearing 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 government.

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 was socially and economically backward.

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