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Medical, engineering admissions: Bombay HC relief for 8 Maratha students who missed out on both EWS, SEBC quotas

The students, aspiring to pursue medical and engineering courses, moved the HC after they missed out on reservation under both SEBC and EWS quotas following the Supreme Court’s stay on implementation of SEBC in September.

Written by Omkar Gokhale | Mumbai | December 20, 2020 10:31:33 pm
Bombay HC, Maratha students, Maratha reservation, EWS quota, Mumbai news, Maharashtra news, Indian express newsThe Bombay High Court.

In a relief to eight students from the Maratha community, the Aurangabad bench of the Bombay High Court has directed the tehsildars concerned to issue them Economically Weaker Section (EWS) certificates after verification after the students agreed to give an undertaking that they will not be seeking any other reservations including Socially and Educationally Backward Class (SEBC) quota for educational purpose.

The students, aspiring to pursue medical and engineering courses, moved the HC after they missed out on reservation under both SEBC and EWS quotas following the Supreme Court’s stay on implementation of SEBC in September.

The court also directed the State Common Entrance Test Cell and the colleges not to be prejudiced against the petitioner students in light of the July 28 order of the state government that had denied benefits under EWS quota to students from the Maratha community, as they were already benefited by the 12 per cent reservation under SEBC quota.

Since the SC had stayed the implementation of SEBC quota, the students found themselves denied benefits under both quotas and approached the HC seeking admissions through EWS quota.

A division bench of Justice S V Gangapurwala and Justice S D Kulkarni on December 18 passed an order on the writ petitions by the eight students belonging to the Maratha community. One of the petitioners had stated that she had appeared for NEET exam for academic year 2020-21 under EWS category and they had been issued EWS certificates in the central format.

One of the students, through her lawyer Panditrao S Anerao, contended that the state’s common entrance test cell had specified the format for EWS certificate and based on that the medical college took objection on the EWS certificate of the petitioner and did not complete the admission process. The petitioner had applied for an EWS certificate before the tehsildar once again, a plea for which remained unanswered, prompting her to approach the HC.

The counsels for the students submitted that their clients belong to Maratha community, which is categorised under SEBC; however, July 28 Government Resolution issued by the state denied them admissions through EWS quota as well. On July 28 this year, the Maharashtra government had said the Maratha community will not be entitled to avail the 10 per cent reservation in jobs and education for EWS in the general category in the state.

It was also submitted that the Supreme Court on September 9 stayed the SEBC reservation and as a result students could not avail either of the quotas. The students said that they are ready to give an undertaking that they would not claim the benefit of reservation for educational purposes for any point of time.

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