The Patna High Court’s decision to set aside the Bihar government’s notifications to raise reservation in government jobs and educational institutions from 50 to 65 per cent is unlikely to have an impact on 10 per cent reservation extended to Marathas in Maharashtra, opine experts and officials. According to experts the verdict over Bihar quota is based on facts and not purely on Indra Sahni judgment of setting reservation limit at 50 per cent. “Facts in every case are different. Though I have not read the detailed order as of yet, the case related to 10 per cent reservation in Maratha is different on facts from the one in Bihar. We, in Maharashtra have studied the social and educational backwardness of the community and in Bihar it was a survey. Hence, it will not be applied to Maharashtra if this verdict is based on facts,” said Justice (retd) Sunil Shukre, Chairperson, Maharashtra State Backward Class Commission. In February 2024, Maharashtra legislature unanimously passed the bill granting 10 per cent reservation to Marathas in education and jobs. It was the Shukre commission report based on which the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 was drafted, identifying the Marathas as socially and educationally backward. A PIL has already been filed in the Bombay High Court against this 10 per cent reservation and the court has sought the state government’s reply in the case. Shukre said that he cannot comment on what will be the verdict in an ongoing case in Maharashtra but can only say that facts seem to be different in both the cases. Rajendra Kondhare of Akhil Bharatiya Maratha Mahasangh (ABMM), who is one of the interveners in the ongoing Bombay High court case against Maratha quota said that the Bihar verdict will have no impact on Maharashtra. “The Bihar government did caste census and based on those numbers of each community increased the reservation. The court has observed that proportionate reservation can only be in terms of political reservation and not elsewhere,” said Kondhare. He added that the social and educational backwardness was studied in Maharashtra and not in Bihar’s caste census. “The court has not touched upon the issue of 50 per cent upper limit of reservation, keeping it open. Hence, it cannot be applied for Maharashtra,” he said. Expert in issues related to the Maratha community and social activist Dr Balasaheb Sarate who is fighting a legal battle for the reservation said that the grounds on which Bihar government’s decision got struck down are different. “The Bihar government merely counted the population and increased the reservation quantum. It did not prove the social and educational backwardness and moreover did not undertake a review of the present situation to justify the increase in reservation,” said Sarate. Sarate added that in Maharashtra, the state backward class commission has submitted the report proving the social and educational backwardness of the community. “A satisfactory reason which will survive the test of law should be given before increasing the reservation. Maharashtra has fulfilled it,” he said. Justice (retired) Dilip Bhosle, who headed the advisory board set up by Maharashtra government on the issues related to Maratha reservation, too mentioned that one has to read the judgment to understand whether it is being done on facts or only on the issue of crossing 50 per cent limit. “Because facts are different in both cases. In that it should not affect Maharashtra’s matter. But we will have to go in detail of the order,” he said. Meanwhile, opposition in Maharashtra has raised the issue saying the Bihar verdict should not be taken lightly. “We have been saying that caste census in the country is the only way to deal with the issue of reservation. We said this in assembly as well while the bill for 10% reservation was being passed,” said Maharashtra Congress chief Nana Patole.
