The Maharashtra government has put forward a fresh argument before the Bombay High Court in the ongoing Maratha reservation case, submitting that the Maratha community could potentially be accommodated as a sub-category within the Other Backward Classes (OBC) quota, subject to constitutional and legal requirements.
The state’s submission came during the hearing of a batch of petitions challenging Maharashtra’s decision to provide 10 per cent reservation to the Maratha community under the Socially and Educationally Backward Classes (SEBC) category.
State Cites Supreme Court Position on Sub-Classification
Advocate General Milind Sathe, representing the Maharashtra government, argued that the Supreme Court has recognised the possibility of sub-classification within certain reserved categories, including OBCs.
Based on this legal position, the state contended that the Maratha community could potentially be treated as a distinct sub-category within the broader OBC framework, provided the proposal meets constitutional requirements.
The argument is significant because the Maratha quota has remained one of Maharashtra’s most contentious reservation issues, with its constitutional validity being challenged before the High Court.
Maharashtra Questions Rigid 50% Reservation Ceiling
The state government also addressed the longstanding 50 per cent ceiling on reservations.
During the hearing, Sathe argued that the ceiling cannot necessarily be treated as an absolute barrier in every constitutional situation. He referred to the reservation provided to Economically Weaker Sections (EWS), which takes the total reservation beyond the traditional 50 per cent threshold and has received constitutional backing.
The state therefore maintained that there can be circumstances in which reservation beyond the 50 per cent limit may be legally sustainable.
18 Petitions Challenge 10% Maratha Reservation
The submissions were made before a full bench hearing 18 petitions challenging Maharashtra’s 10 per cent Maratha reservation.
The quota was introduced through legislation during the tenure of the then Eknath Shinde-led Maharashtra government, providing reservation to the community in education and government employment under the SEBC category.
The petitioners have questioned the constitutional validity of the provision, including its implications for the established reservation ceiling.
The bench hearing the matter comprises Acting Chief Justice Ravindra Ghuge, Justice Sandeep Marne and Justice Jadhav.
State Relies on Historical Records
The Maharashtra government also referred to historical documents to support its position that the Maratha community has faced social and educational backwardness in certain regions.
Sathe cited records suggesting that sections of the community were regarded as backward in parts of Madhya Vidarbha and Marathwada before 1956.
The government said these historical records were also taken into account by the Justice Shukre Commission while assessing the community’s backwardness.
Following Friday’s arguments, the court adjourned the matter. The hearing is scheduled to resume on September 2, when arguments in the petitions are expected to continue.
