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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

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Bombay High Court upholds Maratha reservation, but says 16 per cent unjustifiable

The Bombay High Court today (Thursday, June 27) upheld the reservation granted to Maratha community in admission to educational institutions and appointments to posts in public services, but said the 16 per cent quota was “unjustifiable”.

The Maharashtra government had decided to provide reservation in government jobs and educational institutions to Marathas yielding to demands after violent agitation by the community through July and August last year. The movement was called by the Sakal Maratha Samaj, an umbrella body of Maratha groups.

A Bench of Justices Ranjit More and Bharti Dangre held that Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in the Public Services under the State) for Socially and Educationally Backward Category (SEBC) Act, 2018 (SEBC Act) is Constitutional.

However, the court cut down on the quantum of 16 per cent approved by the government on the grounds that it was not “justifiable”. It said that instead of the 16 percent reservation proposed by the State government, the reservation should be capped at 12 percent for jobs and 13 percent for admission to educational institutions as per the recommendation of the State Commission for Backward Classes.

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The SEBC Act was enacted pursuant to the recommendations of the State Commission for Backward Classes constituted under the Maharashtra State Backward Classes Commission Act, 2005 (2005 Act) and headed by retired judge, Justice MG Gaikwad.

The verdict came on a petition claiming that the Maharashtra government’s decision amounted to providing the Maratha community with “permanent crutches”. The petitioners also maintained that the reservation of 16 percent afforded to Marathas went against the ceiling limit of 50 percent prescribed by the Supreme Court judgment of Indra Sawhney v. Union of India.

The final arguments commenced on February 6, in the petitions filed by advocates Jaishri Patil, Sanjeet Shukla and Dr Uday Dhople along with others, challenging the notification published by the government on November 30, 2018, providing reservation to the community in government jobs and educational institutions.

The petitioners had contended that Supreme Court judgments mandate periodic revision of lists every ten years to exclude from such lists those classes which have ceased to be backward classes or for including in such lists new backward classes. The said exercise was not done.

They argued that the State Government has passed the SEBC Act on the basis of unquantified data and without revising the list in the light of the provisions of the existing list of backward classes.

The Gaikwad Commission report was also called into question for failing to adhere to the mandate of Indra Sawhney judgment and the Mandal Commission report.

Some of the petitioners had also contended that with the insertion of Articles 342A and 366(26) in the Constitution by way of Constitution (One Hundred and Second) Amendment Act, 2018, the power to identify and specify the socially and educationally backward classes came to be vested solely with the President and the Parliament. The 2005 Act, therefore, stood repealed by implication as it lost its existence as a result of the Constitution (One Hundred and Second Amendment) Act, 2018, the petitioners had stated.

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The High Court upheld the Gaikwad Commission report and also ruled that the State government’s competence to enact the law is unaffected by the Constitution (One Hundred and Second) Amendment Act, 2018.

The court, as per media reports,said, “The state has legislative competence to give reservation to the socially and educationally backward class and the constitutional amendment of 2018 does not take away the said power of the state.”

The bench further said that the 50 percent ceiling of reservation can be crossed, when there exists extraordinary circumstances, which the state’s backward commission has shown in their report.

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The state legislature had passed a bill granting 16 per cent reservation in education and government jobs for the Marathas, declared a socially and educationally backward class by the administration, on November 30 last year. This was supposed to be in addition to the existing 52 per cent overall reservation in the state, thereby raising it to 68 per cent.

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BJP slams Arvind Kejriwal, shares inside visual of Delhi CM’s bungalow, AAP reacts

Sachdeva further pegged the cost of the bungalow at a whopping Rs 3.75 crore, equipped with a gym, sauna room and a jacuzzi.

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BJP slams Arvind Kejriwal, shares inside visual of Delhi CM’s bungalow, AAP reacts

Ahead of the Delhi Assembly Election, the controversy regarding Delhi Chief Minister’s bungalow, once occupied by Arvind Kejriwal, has intensified ahead of the assembly polls in the national capital. The BJP has been referring to the 6 Flag Staff Road bungalow as sheesh mahal or palace of mirrors, which denotes opulence or luxury.

Taking to X, Delhi BJP President Virendraa Sachdeva said that they have been telling the truth about the glass palace of debauchery of the person who calls himself a common man (ArvindKejriwal). He added that today they will show it to the people. Sharing a video, the BJP Delhi President said that Kejriwal has built a 7-Star Resort for himself by embezzling public money. 

Sachdeva further pegged the cost of the bungalow at a whopping Rs 3.75 crore, equipped with a gym, sauna room and a jacuzzi. He mentioned that the bungalow had marble granite lighting done at a cost of Rs 1.9 crore while civil work needed another Rs 1.5 crore, adding that the gym and spa fitting alone cost Rs 35 lakh.

He further slammed Arvind Kejriwal for breaking his promise not to use government resources for personal use. The BJP President said that Kejriwal had promised not to take government houses, cars, or security, but now he is looting the hard-earned money of Delhi’s taxpayers.

Furthermore, he also compared the amount spent on the bungalow to the possible number of public goods that could have been bought with that money, including flats for economically weaker sections (EWS), auto-rickshaws, and e-rickshaws. 

Meanwhile, the AAP rejected the allegations as baseless propaganda with Manish Sisodia, former deputy chief minister, accusing the BJP of trying to deflect attention from the pressing issues.

The AAP leader said that instead of answering critical questions about mismanagement of funds for schools, mid-day meals, and hospitals in states like Haryana and Uttar Pradesh, they focus on Kejriwal’s former official residence. He continued that when people ask about education and health reforms, they talk about a bungalow.

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Delhi Elections: Arvind Kejriwal announces Rs 10 lakh insurance, other guarantees for auto drivers

The AAP government will also provide life insurance worth Rs 10 lakh and accident insurance of Rs 5 lakh.

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Delhi Elections: Arvind Kejriwal announces Rs 10 lakh insurance, other guarantees for auto drivers

Former Delhi Chief MInister and AAP national convenor Arvind Kejriwal today announced five guarantees for auto drivers in the national capital ahead of assembly elections. 

Reportedly, among the five key guarantees are Rs 1 lakh for marriage of daughters and life insurance worth Rs 10 lakh. Arvind Kejriwal said that on Monday he had a meeting with auto drivers at his home. He added that when the AAP will come to power again, they will implement these five announcements.

The former Chief Minister said that the AAP government will give Rs 1 lakh to all auto drivers for the marriage of their daughters. He also promised to provide Rs 2,500 on Diwali and Holi as allowance to purchase school uniforms. Furthermore, the government will also provide life insurance worth Rs 10 lakh and accident insurance of Rs 5 lakh.

Arvind Kejriwal also assured the auto drivers of providing free coaching to their school children and the relaunch of the PoochO app, which allows people to access the database developed by the Delhi Integrated Multi-Model Transit System of registered auto drivers mobile numbers and call them to book a ride.

The AAP is aiming to retain power in Delhi for the fourth time after its massive electoral successes in 2020 in which it routed the BJP, winning 62 seats in the 70-member Assembly.

The Arvind Kejriwal-led party has been campaigning hard on the alleged failure of the BJP-led Centre to maintain law and order in Delhi, pointing to rising incidents of extortion and gun violence.

Meanwhile, the BJP has been accusing the AAP of corruption and mismanagement, blaming the party’s alleged misgovernance for Delhi’s pollution woes. Previously, the BJP gave the slogan Ab Nahi Sahenge, Badal Kar Rahenge, meaning won’t tolerate now, will bring the change, asserting to end the AAP rule.

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Several Opposition leaders including RJD’s Lalu Prasad Yadav support Mamata Banerjee for INDIA bloc leadership

Lalu Prasad Yadav supported Mamata Banerjee, saying that the leadership should be entrusted to her, adding that any objections from the Congress are inconsequential.

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Several Opposition leaders including RJD’s Lalu Prasad Yadav support Mamata Banerjee for INDIA bloc leadership

Many alliance leaders supported West Bengal Chief Minister and Trinamool Congress leader Mamata Banerjee’s willingness to lead the INDIA bloc. 

Rashtriya Janata Dal (RJD) chief and former Union minister Lalu Prasad Yadav also supported Mamata Banerjee, saying that the leadership should be entrusted to her, adding that any objections from the Congress are inconsequential.

When asked about the Congress’ reservation to accept her as the opposition bloc leader, Lalu Prasad said that the Congress’s opposition will not make any difference and she should be allowed to lead the INDIA bloc.

Previously, Lalu Prasad’s son and senior RJD leader Tejashwi Yadav had said he had no objection to any senior leader of the INDIA bloc, including Banerjee, leading the coalition, but emphasized that the decision must be reached through consensus.

Furthermore, Shiv Sena (UBT) Rajya Sabha MP Priyanka Chaturvedi said Mamata Banerjee’s offer to lead the INDIA alliance is important, recognising her past contributions. The Shiv Sena (UBT) leader said that whatever stand is taken, the INDIA alliance will make the decision collectively. She added that the proposal put forth by Mamata Banerjee that she is ready to lead the bloc is an important suggestion, and that they believe that her contribution in history has been significant.

Earlier on Friday, Trinamool Congress Chief Mamata Banerjee expressed dissatisfaction with the functioning of the opposition INDIA bloc and indicated her willingness to lead it if given the opportunity. The West Bengal Chief Minister said that she was capable of handling both the responsibilities of leading the opposition front and continuing her role as the chief minister of West Bengal.

Additionally, Nationalist Congress Party (NCP) MP Supriya Sule also expressed that they would be happy if TMC chief Mamata Banerjee takes on a greater role within the opposition alliance. She said that the West Bengal chief minister is an integral part of the INDIA alliance.

Meanwhile, BJP national general secretary Tarun Chugh slammed the INDIA bloc for lacking coherence and being burdened by Congress leader Rahul Gandhi.

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