June 5, 2021 1:14:12 am
A committee appointed by the government under retired Chief Justice Dilip Bhosale to study the Supreme Court judgment quashing Socially and Educationally Backward Classes (SEBC) quota for Maratha community has recommended that a review petition be filed before the SC.
The committee submitted its report to Chief Minister Uddhav Thackeray on Friday.
The chief of the Cabinet sub-committee for Maratha reservation, Congress’ Ashok Chavan, said that the Bhosale committee has suggested that the government should approach the court again.
The BJP-led Opposition has cornered the Maha Vikas Aghadi (MVA) government stating that the SC had quashed Martha quota only because MVA failed to present the case properly during its proceedings.
Chavan said the committee has suggested 40 points on the basis of which an appeal can be made again. One aspect being considered by the government is that while the court has upheld the constitutional validity of the 102nd amendment of the Constitution – giving the National Backward Classes Commission constitutional status and empowering the President to notify backward classes, which was challenged by many states – the bench made no mention of the 103rd amendment, under which the Economically Weaker Section (EWS) quota is protected from the 50 per cent reservation cap.
As long as there is no decision on petitions regarding EWS reservation, it is not right to apply 50 per cent quota limit for Marathas, the committee has flagged.
Bhosale has also appreciated the legal team that presented the case in court and suggested that the same panel must represent the state for the review petition.
Chavan said: “When the case was being heard, the Centre did not utter a word on how some states had crossed 50 per cent cap. Other states who had crossed the cap can also get affected… the Centre must take a decision soon.”
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