Maratha reservation: PIL before Bombay High Court challenges appointments to survey commission

A public interest litigation (PIL) petition has been filed before the Bombay High Court challenging the appointments made to the Maharashtra State Backward Class Commission (MSBCC), which had recently favoured the introduction of Maratha reservations [Mrunal Dholepatil v. State of Maharashtra & Ors.]..The petition has challenged the appointment of retired Bombay High Court judge Justice Sunil Shukre as the commission's chairperson as well as the appointment of other members to the commission. The petitioner has alleged that the commission members appointed earlier were made to resign under political pressure as they had refused to conduct a survey of the Maratha community..The matter was listed for hearing yesterday (February 20) before a division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor..The plea, filed through advocate Ashish Mishra, sought a stay on the recommendations made by MSBCC, based on which the State Cabinet had given its approval to draft a bill to extend reservation benefits for Marathas.The report of the MSBCC highlighted that the population of Marathas in the State stood at 28 percent and that the community faced extraordinary conditions of backwardness.This warranted that reservations for Marathas go beyond the 50 percent cap, the commission had reportedly said..The PIL petition, however, has now challenged the current constitution of the commission itself. As per the petitioner, proper procedure was not followed while appointing the chairperson and members to the MSBCC.The petitioner also submitted that the MSBCC chairperson, retired Justice Shukre, had earlier been appointed to negotiate with Maratha leader Manoj Jarange-Patil (who was fasting for Maratha reservation) before he was appointed to the MSBCC..When the matter was taken up by the Court on Tuesday, Advocate General Birendra Saraf, appearing for the Maharashtra government, informed that the State has not been served with a copy of the petition.He also questioned the timing of the petition. In this regard, he pointed out that the Maharashtra Legislature Assembly was holding a special session on Tuesday to consider a Bill to give 10 percent reservation for Marathas in education and job sectors. The Court then directed the petitioner, Mrunal Dholepatil, to serve a copy of the plea on the State government and adjourned the hearing by two weeks. .Meanwhile, the Maharashtra Legislative Assembly on Tuesday passed the Maratha quota bill, which gives 10 percent reservations in education and jobs to members of the Maratha community.