Give whole report to petitioners: Bombay High Court to Maharashtra

The Bombay High Court on Monday asked the Maharashtra government to give the ‘complete report’ of the Maharashtra State Backward Class Commission to the petitioners who had challenged the state’s decision to give 16% reservation to the Maratha community.
A division bench of Justice Ranjit More and Bharati Dangre rejected the state government’s argument that said giving the report to the petitioners would create ‘law and order problems’.

The move is a setback to the state as it has consistently taken the position that the Backward Class Commission report shouldn’t be revealed to the people.

The Maharashtra government did not table the Backward Class Commission report even in the state assembly last year as BJP ministers said that the reason it was not being tabled was that the report could have given a chance to those opposed to the quota issue to stop the passage of the bill. The admission of the state was a clear indication that it was on thin ground by extending reservation to the Marathas who belong to an upper caste community. In fact, several BJP leaders have expressed doubts in private on whether the Maratha quota bill will stand the test in courts as it has a number of flaws. The Maharashtra government last year gave the Marathas 16% reservation under a new category called the Socially and Educationally Backward Class (SEBC).

“The government was trying to show that there would be something horrific in the report which could lead to law and order issues in the state. But we believe the government would have no leg to stand on and will not be able to justify the Maratha quota, hence they were unwilling to give the report,” said lawyer Gunratan Sadavarte, the petitioner who had challenged the state’s decision.