Maratha quota decision a poll gimmick by Maha govt, HC told

Mumbai: The Maharashtra government's decision granting reservation to the Maratha community was an "election gimmick and politically motivated", petitioners challenging the quota told the Bombay High Court Wednesday.

They also claimed that the government did not have the legislative power to take such a decision.

A division bench of Justices Ranjit More and Bharati Dangre Wednesday commenced the final hearing on a bunch of petitions challenging the 16 per cent quota granted to the numerically strong community in government jobs and educational institutions.

Advocate Gunaratan Sadavarte, appearing for one of the petitioners Jaishree Patil, argued that the government's decision was "politically motivated and a a poll gimmick".

"The Central legislation says reservation in any state should not exceed 50 per cent. Presently, reservation in Maharashtra stands at 78 per cent (including the Maratha quota). The state cannot go beyond what the Central legislation says," Sadavarte said.

Senior counsel Arvind Datar, who was appearing for another petitioner Sanjeet Shukla, demanded that the quota decision be quashed and set aside. He said the government lacked the legislative powers to pass such a Bill.

"The Central legislation and the Supreme Court order clearly says that reservation should not exceed 50 per cent," Datar said.

Sadavarte further told the high court that the report submitted by the Maharashtra State Backward Classes Commission (MSBCC), on the basis of which the government took the quota decision, has mentioned that Maratha is not a caste in itself, and that they are part of Kunbi caste.