HC seeks views on referring Maratha reservation issue to new commission

Appearing for Baraskar, senior counsel Mihir Desai submitted a notification of January 4, 2017, leading to constitution of the commission.

Written by Ruhi Bhasin | Mumbai | Published: February 28, 2017 4:06 am

With the Bombay High Court on Monday being informed of the constitution of a Maharashtra State Commission For Backward Classes while hearing matters relating to reservation for the Maratha community, the court directed the main petitioner challenging the quota to tell the court whether he is in favour of the issue being referred to the commission by March 29. The main petitioner, Sanjeet Shukla, challenged Maratha reservations in jobs and education. Meanwhile, a new petition has been filed by Ajay Baraskar, who belongs to the other backward classes, seeking that the issue pertaining to Maratha reservations be referred to the newly constituted commission instead of being heard by the High Court.

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Appearing for Baraskar, senior counsel Mihir Desai submitted a notification of January 4, 2017, leading to the constitution of the commission.

Hearing the matter, Chief Justice Manjula Chellur said, “Every aspect of the matter can be analysed by the commission. It will not have time-constraints like we do. We have to look at large number of cases every day and may not be able to concentrate on every aspect.” The report prepared by the commission can eventually be looked into by the court till which time the matter will remain pending before the high court, she said.

Lawyer Pradeep Sancheti appearing for Shukla, said that it was for the state to go and justify its position before the commission and the court could not ask the commission to look into the matter. Senior counsel VA Thorat appearing for the state said if the court directed the matter to the commission, “the state will cooperate.”
It was also pointed out to the court that data collected under previous committees as also data which formed part of the government affidavit were never placed before the commission.

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