SC order does not restrict reservation to 50 per cent: Govt

Mumbai: The state government has argued that the Supreme Court order does not state that the reservation limit should not extend 50 per cent of the total seats. Former attorney general Mukul Rohatgi argued that reservation can be extended up to 70 to 80 per cent if the state government feels that a certain community is lacking in education and government services.

Rohatgi, arguing before a bench of Justices Ranjit More and Bharati Dangre, said. “The state government derives its powers from Articles 15 and 16 of the Constitution which say it can identify any community as backward and take appropriate measures (for its welfare).”

Rohatgi and V.A. Thorat, appearing for the state government, began arguments on petitions challenging the 16 per cent quota to the Maratha community in government jobs and educational institutions granted last year. One of the main contentions in the petitions was that the Maratha quota took the overall reservation in the state to 68 per cent, breaching the cap of 50 per cent imposed by the Supreme Court.

Advocate Thorat argued that the reservation decision was not political but meant to give the community better prospects in government services and education.

The division bench asked whether a President’s notification was mandatory for granting reservation as per a 2018 amendment to the Constitution.

“The amendment says reservation to a community can be accorded only after the President issues a notification after studying the issue along with the state's governor,” said Justice Dangre.