Mumbai: The Maratha Kranti Morcha coordinator Vinod Patil has filed an application in the Supreme Court for the revocation of interim stay on 12% quota in education and 13% in government jobs for the Maratha community for 2020-21.
Patil has been a respondent in the petitions filed in the apex court challenging the Bombay High Court order delivered in June 2019 upholding the Socially and Educationally Backward Classes (SEBC) Act, 2018 passed during the BJP-led government and the reservation proposed therein.
Patil expressed serious disappointment over the apex court’s interim order staying the Maratha reservation while referring the case to a larger bench to consider larger question of whether reservations in public service and educational institutions can exceed the 50 per cent cap laid down by the Supreme Court in its 1992 judgment of Indra Sawhney vs Union of India.
However, Patil said the Indra Sawhney vs Union of India judgement was with regard to the reservation for other backward classes. ‘’In Maharashtra, the Maratha reservation was provided by carving a special category that is Socially and Educationally Backward Classes. Therefore, the apex court could not have granted an interim stay,’’ he noted.
Patil said as the Justice Nageshwar Rao bench has referred the Maratha quota petitions to the Constitution Bench it had no powers to grant an interim stay. ‘’Therefore, an application has been moved in the apex court seeking revocation of stay on Maratha quota,’’ he added.
It must be mentioned that Maha Vikas Aghadi Government has sought legal view on whether to file an application seeking the revocation of stay or a review petition challenging the interim stay. Chief Minister Uddhav Thackeray had already held two rounds of talks with senior ministers and various organisations and announced that the government was quite serious on this issue to give justice to the Maratha community.
Meanwhile, the Sambhaji Brigade has warned that if the Maratha quota is not restored the youths from the community may turn to naxalism.
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