The Maharashtra government on Wednesday told the Bombay High Court that it will not make appointments in any of its departments under a new legislation providing reservations to the Maratha community until the court takes up the petitions against it, PTI reported. The next hearing is scheduled for January 23.
A division bench of Chief Justice NH Patil and Justice MS Karnik is hearing a bunch of petitions against the legislation. Advocate Gunaratan Sadavarte had filed a plea in November alleging that the Maharashtra government’s move to grant 16% reservation to the community in jobs and education is in contravention of a Supreme Court directive that quotas on the basis of caste should not exceed 50% of the total seats.
Earlier this month, the High Court had criticised the state government for issuing an advertisement for recruitment even as pleas challenging the legislation are still pending.
Government counsel VA Thorat on Wednesday told the bench that the state will not make any appointments till January 23. “The state’s General Administration Department shall issue necessary directions to all local bodies and institutions under its control asking them not to make any appointments under the new legislation till then,” he said.
In its affidavit submitted on Wednesday, the state government had contended that it would not be proper for the court to stay the recruitment process keeping in mind a large number of vacancies in state departments and the issue of unemployment.
Thorat told the court the entire process of recruitment would take more than a year to complete. “The selection of applications for the jobs is common,” he said. “The reservation issue comes only at the fag end of the process when appointments are made. Even if the government fast-tracks the process, it would still take a couple of months.”
The Maharashtra Assembly had on November 29 unanimously passed a bill allowing 16% reservation for the Maratha community in jobs and education under the category for the socially and educationally backward. The High Court had on December 10 asked the government if it was willing to make public the report of the State Backward Class Commission, on whose recommendations the legislation had been introduced.
State Advocate General Ashutosh Kumbhakoni and Thorat on Wednesday said while it was the state government’s duty to submit a copy of the report to the court, it was apprehensive of giving the report to lawyers as certain portions of it could “create social unrest”. The bench suggested that the government give the lawyers a shorter version and sought the report within a week.
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