Mumbai: The Maharashtra government’s move to give reservation to the powerful Maratha community in jobs and education shortly before the Assembly polls may not pass legal scrutiny, said Bhartiya Republican Party Bahujan Mahasangh (Bharip) leader advocate Prakash Ambedkar and OBC activist Prof. Shravan Deore. The duo also raised doubts on whether the state government had followed guidelines laid down by the Supreme Court in awarding the reservation. Mr Ambedkar and Prof. Deore were speaking at the first Age Round Table held at The Asian Age office in Mumbai.
“I am not against Maratha reservation. A section of the community is lagging behind others, is landless, and the government needs to address that. But there are certain guidelines laid down by the Supreme Court to establish backwardness of the community. One of them is getting a recommendation from the state backward class commission and we are not aware if it is given,” Mr Ambedkar, Dalit leader and grandson of Dr BR Ambedkar, said. He also pointed out that other guidelines include the establishing of a community's backwardness, and proof that the community is identified as a group in its own right. Mr Ambedkar drew attention to the internal diversity within the Maratha community, which includes a group called Kunbis that was traditionally landless, but also includes others who were relatively privileged.
Prof. Deore, the OBC activist, came out clearly against Maratha reservation. “The backward class commission has rejected the Narayan Rane Committee report recommending reservations to Marathas and the decision by the government will not stand in court,” he said. The Commission’s former heads like Justice R Bapat and Justice B Saraf had rejected the Maratha reservation demand, he added. “The present head of the Commission, Justice Bhatia, has also upheld the earlier stand of the Commission and has refused to support the reservation,” Prof. Deore said.
According to him, “The population based on which the reservation is given is not correct. How can the Maratha community be 32 per cent of the state's population? It is also not clear if it includes Kunbis, as they already have reservation under the OBC quota.”
Mr Ambedkar pointed out that the Supreme Court has in the past never permitted any reservation against the recommendations of the state backward class commission. “The SC has followed the guidelines while giving reservation till today and it is mandatory for the high courts by law,” he said. He also pointed to the delay in issuing the ordinance on the decision by the state government. “The ordinance is withheld by the government to get recommendations from the backward class commission,” he said.
A PIL has already been filed in the Bombay High Court against the reservation and the hearing has been postponed as the government has not yet issued the ordinance on the decision.
