In what could spell troubles for the Koli community along with four other castes, a petition has been filed in the Bombay High Court challenging the 2 per cent reservation granted to them way back in December 1994. The HC is likely to hear the plea in the coming days.
The plea filed by advocate Sanjeet Shukla is likely to be heard by a bench led by Justice Gautam Patel.
According to the plea, the Maharashtra government had in December 1994, created a category under the Special Backward Classes (SBCs) to the Macchimar Koli, Govari, Mana, Halba Koshti, Sonkoli and Munnurwar castes. The state by a cabinet decision granted two per cent reservation to these communities.
As per Shukla, the state by creating a category of the SBCs, did not attribute any extraordinary or exceptional situation for these castes.
"In fact, the Cabinet did not even recommend any specific reservation for the communities that were included in SBCs," the plea said.
The plea states that no efforts have ever been made by the state to find out whether the castes included in the SBC category are backward much less any data to show or to prove their backwardness.
"No reference was ever made to the State Backward Class Commission to include/ inquire/ declare the castes included in the SBC category as backward and there is no such consideration/ recommendation by the Commission," the plea by Shukla states, adding, "The impugned 2 per cent reservation for SBCs is over and above the 50 per cent limit and takes the overall reservation to 52 per cent in the state public sector jobs and thus violates the constitutional provisions and the requirements laid down by Supreme Court from time to time."
Shukla has further said that the Article 16(4) of the Constitution of India allows the state to identify and collect quantifiable data showing backwardness of a particular class and / or group, and/or inadequacy of representation of that group in public employment.
"Pertinently, there is no data to show that the said castes included in the SBC category are backward and are inadequately represented in the public sector jobs," the plea adds.
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source https://www.freepressjournal.in/legal/fpj-legal-two-percent-reservation-to-macchimar-kolis-and-others-challenged-in-bombay-hc
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