Mumbai:
The Maharashtra government's decision to grant 16 per cent reservation to Marathas in government jobs and educational institutions has been stayed by the Bombay High Court, which today, in an interim order, agreed that it is unconstitutional.
The court, though, allowed five per cent quota to Muslims only in educational institutions, not jobs.
"We will appeal against the order in the Supreme Court. We will sort out all legalities and clear it in the next session at Nagpur (in December). The Maharashtra government is all for reservations for Marathas," said Chief Minister Devendra Fadnavis, who took charge last week after the BJP won the state polls.
A petition had challenged the previous Congress-NCP regime's decision in June this year to extend reservation meant for Other Backward Classes to Marathas.
The decision, just after the Congress and the NCP were defeated in
the national election, was timed just months before the October state polls.
Former journalist and activist Ketan Tirodkar, who challenged the order, argued that Marathas are not a caste but a linguistic group. He also said that Marathas are a dominant community, not a backward one.
The petition also argued that the decision violated a Supreme Court order that had made it clear that reservations could not cross 50 per cent.
In the past, the courts have not allowed reservation based only on castes and religion. The Congress-NCP combine created a new category claiming Marathas and Muslims are educationally, economically and socially backward. At the time the BJP, which was in the opposition along with the Sena, had not opposed the government decision.
The court, though, allowed five per cent quota to Muslims only in educational institutions, not jobs.
"We will appeal against the order in the Supreme Court. We will sort out all legalities and clear it in the next session at Nagpur (in December). The Maharashtra government is all for reservations for Marathas," said Chief Minister Devendra Fadnavis, who took charge last week after the BJP won the state polls.
A petition had challenged the previous Congress-NCP regime's decision in June this year to extend reservation meant for Other Backward Classes to Marathas.
The decision, just after the Congress and the NCP were defeated in
the national election, was timed just months before the October state polls.
Former journalist and activist Ketan Tirodkar, who challenged the order, argued that Marathas are not a caste but a linguistic group. He also said that Marathas are a dominant community, not a backward one.
The petition also argued that the decision violated a Supreme Court order that had made it clear that reservations could not cross 50 per cent.
In the past, the courts have not allowed reservation based only on castes and religion. The Congress-NCP combine created a new category claiming Marathas and Muslims are educationally, economically and socially backward. At the time the BJP, which was in the opposition along with the Sena, had not opposed the government decision.
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