Maratha quota: Panel suggests Maharashtra government to file review plea against SC ruling

The Maharashtra government had asked Dilip Bhosale, a retired Allahabad High Court judge on May 11, to study the Supreme Court's May 5 judgment cancelling quota for the Maratha community. 
Maratha Kranti Morcha activists during a protest over their demands for reservations. (File Photo | PTI)
Maratha Kranti Morcha activists during a protest over their demands for reservations. (File Photo | PTI)

MUMBAI: The panel constituted by the Maharashtra government to study the question of Maratha reservation on Friday recommended that the state government file a review petition against the May 5 ruling of the Supreme Court that cancelled the quota.

The Maharashtra government had asked Dilip Bhosale, a retired Allahabad High Court judge on May 11, to study the Supreme Court's May 5 judgment cancelling quota for the Maratha community. 

The Bhosale committee was also asked to give suggestions and recommendations so that the state government can better pursue the case in the constitutional court. The committee submitted its 570 pages report to Maharashtra Chief Minister Uddhav Thackeray.

According to sources in the government, the report is "very positive" and suggested various ways of fighting for the quota. "On the basis of this report, the Maharashtra government will present its argument in the constitutional court and ensure that the Maratha community gets the justice," said government sources.

Maharashtra PWD Minister Ashok Chavan, who heads a cabinet sub-committee on the Maratha quota, said the Justice Bhosale committee recommended filing a review petition in the Supreme Court on more than 40 legal points. 

According to the panel, the SC did not consider the 103rd constitutional amendment for providing reservation to the Economically Weaker Section (EWS) and protect it from the 50 per cent cap on quota. Until the apex court decides the validity of EWS quota, it was not appropriate to use the 50 per cent ceiling rule (which requires that reservation must not exceed 50 per cent) to invalidate the Maratha quota.

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