Interim stay on Maha govt's removal of 2k staff over Maratha quota

The Bombay High Court on Friday granted interim stay on a Maharashtra government resolution terminating services of over 2,000 persons employed in government jobs under the open category so as to fill the same with persons from the Maratha community. On July 11 this year, the state government issued a resolution directing for removal of candidates appointed from the open category to various posts.

The resolution directed that these posts be now filled with persons from the Maratha community under the Socially and Educationally Backward Class (SEBC). On November 30, 2018, the Maharashtra legislature passed a bill granting reservation in education and government jobs to Marathas, a declared socially and educationally backward class by the government.

Around 20 of the aggrieved persons, whose services were terminated, approached HC challenging the resolution. A division bench of Justices R V More and M S Karnik on Friday granted interim stay on the resolution and directed the government to maintain status quo in the case, and posted the petitions for further hearing on December 5.

In the year 2014, the state government advertised for posts under the Socially and Educationally Backward Class (SEBC-Maratha quota) for Class 1 civil engineering assistant and health workers. The said posts were not filled from the SEBC category because, on April 7, 2015, the high court had granted an interim stay on the government's decision granting reservation in government jobs and education to the Maratha community.

After the HC order, state had called candidates from other castes and issued appointment letters to them. The appointment letters had specifically mentioned that appointments would be subject to outcome of the SEBC petition which was pending before the HC.

In June this year, HC upheld validity of reservations for the Maratha community in government jobs and education but directed for the quantum of quota to be reduced from present 16 per cent to 12 and 13 per cent. Following this order, the government issued the resolution in July terminating services of the candidates from the open category.

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