Mumbai: PIL filed in Bombay High Court against grant of 10 pc Maratha quota

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A public interest litigation (PIL) was filed in the Bombay High Court on Friday challenging the Maharashtra government's decision to grant 10 per cent quota in jobs and education to the Maratha community.

The PIL, filed by advocate Jaishri Patil and others, said such a decision was taken by the government and opposition for the sake of "dirty politics" and termed the move as "destruction of the basic structure of the Constitution".

The decision was taken jointly by the state government and opposition without following the rules of fair play and due process, and is a "politically motivated" one to take reservations beyond 50 per cent without any extraordinary circumstance, the petition claimed.

The plea claimed everyone was supporting reservation but no one had any sympathy that the open/general seats "remain only 38 per cent".

The Maharashtra legislature on February 20 unanimously passed the Maharashtra State Socially and Educationally Backward Bill 2024 providing 10 per cent reservation for the Maratha community in education and government jobs. It was tabled in the Assembly during a special one-day session by Chief Minister Eknath Shinde.

The petition by Jaishri Patil urged the HC to quash the legislation since it would take the reservation limit to 72 per cent, adding that reservation becoming "majoritarian" was "destruction of the basic structure of the Constitution".

It urged HC to declare the Maharashtra government's decision as "unconstitutional" as the 50 per cent limit on reservation has been breached without considering Supreme Court guidelines.

The petition is expected to be heard in the coming days.

Meanwhile, Maratha quota activist Manoj Jarange on Friday protested the ongoing curfew at his village Antarwali Sarati in Maharashtra's Latur district, calling it injustice.

No violence has been reported from the village or the surrounding area, he told reporters at a hospital here where he was under treatment after ending his hunger strike over the demand of reservation for the Marathas last month.

He was discharged from the hospital later in the day, and left for his village.

"If the curfew continued (at Antarwali Sarati) after the code of conduct for Lok Sabha polls comes into effect, it should be applicable to the election campaign of political parties. They too should not be allowed to hold meetings," the activist told reporters.

"Prime Minister Narendra Modi and (Union) Home Minister Amit Shah should see that their home minister in the state is doing injustice," he said, referring to deputy Chief Minister Devendra Fadnavis.

He also took a swipe at Maratha leaders in the Shiv Sena-BJP-NCP government in the state for getting riled because of his criticism of Fadnavis. "So, they progress because of the Maratha community, and then they side with their leader. The community should watch the developments in the state quietly for the next one week," he said.

A delegation of the local BJP women wing met him earlier in the day and gifted him a copy of the Constitution, he said.

"The women said people (supporters of the quota agitation) post objectionable posts about them. I strongly object to such posts. I respect women. I will support these women as fellow human beings. But they should not come with their party identity," Jarange added. (With inputs from PTI)