Maratha leaders, experts say Jarange’s victory only partial: ‘GR misleading…won’t stand legal scrutiny’

The activist’s principal demand has been the inclusion of all Marathas into OBC category. On Wednesday, a day after he ended his fast, Jarange claimed that the latest Maharashtra Government’s GR will ensure that all Marathas and Kunbis are one and the same and that all will be in OBC category.

However, Sarode said Jarange has misinterpreted the GR or has failed to understand it. “The Hyderabad gazetter which Jarange has been seeking implementation of contains a figure of Kunbi population identified by the Nizam of Hyderabd during his rule. The Hyderbad gazetter is related only to Marathwada where the Nizam ruled.”

Sarode said those who were registered as Maratha-Kunbis or Kunbi-Maratha during Nizam rule will have apply afresh to the state government stating that they should be considered as Kunbis and included in OBC category.

“After they make the application, the government officials verify their applications and compared with  available  historical documents, their genealogy and other related proofs of their relatives. Then their eligibility will be decided. If they are eligible, they will be included into OBC category. Their might be other obligations which might be rejected on the basis that they have not  produced any evidence to be included in the OBC category,”he said.

Sarode said this is a process which is related only to Marathwada region. ”And therefore to say that all Marathas in Maharashtra will be get into OBC category is not appropriate,” he said.

Sarode said Jarange had been demanding all Marathas should be included in the OBC category. ”If this has to be done, then we will have to consider three criteria as enumerated by the Supreme Court. Whether Maratha community is identified as socially  backward which will be decided by the Backward Class Commission. The second relates to collection of imperical data which reveals whether Marathas and Kunbis have homogenous relation with each other. And the third criteria is whether inclusion of all Marathas in OBC category goes about the 50 per cent quota cap fixed by the Supreme Court,” he said.

“The Hyderbad gazetter was accepted by the government long time back. And therefore there is nothing new offered by the government. It is only partial victory for Jarange,” he said.

Vinod Patil, who has been fighting for Maratha reservation  in the Supreme Court too said that the GR issued by Fadnavis government was misleading and is only about process for getting the caste certificates.

“Maratha community can come into OBC category for but that is the process to be followed. I had suggested an option like the Bihar one. I had suggested increase in OBC quota per centage which could have adjusted the Maratha community,” he said.

B G Kolse-Patil, a retired Bombay High Court judge, said, the GR not stand the scrutiny of the law especially in the Supreme Court.

“The current process adopted by the state government will not stand up to the scrutiny of  the Supreme Court. The apex court has clearly said those who are socially and education backward and those who have poor representation in the government should get reservation.”

Kolse-Patil said Maratha community forms 32 per cent of Maharashtra population. “It should get representation in  the government commensurate with its population which is not happening. The Marathas will get reservation only if the Central Government carries out the constitutional amendment and increases the cap of 50 per cent reservation fixed by the Supreme Court,” he said.

BJP spokesperson Ram Kadam lauded Chief Minister  Devendra Fadnavis for the  GR. “’Yesterday, the Marathas celebrated Diwali like never before. It is  because of Chief Minister Devendra Fadnavis the Diwali was celebrated in every Maharashtra household. Several Marathas have been chief ministers of Maharashtra. Sharad Pawar was the chief minister for four terms. Uddhav Thackeray was chief minister for two and half years. The Congress, NCP (S-P) and Uddhav Sena will have to introspect as to  how they failed to give Marathas the reservation when they were in power… Devendra Fadnavis is not a Maratha but a Brahmin but he has taken a decision in the interest of the Marathas.”