Maharashtra cm thackrey
On tuesday, Maharashtra Chief Minister Uddhav Thackeray wrote to Prime Minister Narendra Modi mentioning him to find ways to announce the Maratha people group in the State as Socially and Educationally Backward (SEBC) to empower them to guarantee the booking in Education and public work at any rate to 12 percent and 13 percent separately.
"The Judgement delivered by the Constitution Bench (comprising of five Judges) of the Supreme Court on May 5, 2021, in Civil Appeal No. 3123 of 2020 and other connected matters, has given me this occasion to write to you with the earnest request that appropriate steps be taken at the earliest to grant reservation to the Maratha community from my State, albeit in accordance with the law, to the minimum extent of 12 percent in Education and 13 percent in Public Employment," the Maharashtra CM wrote."
It has always been the contention of various States in our country, including my State, that the aforesaid 102nd Constitutional Amendment did not take away the power, authority, and jurisdiction of the respective State Governments to identify the "Socially and Educationally Backward Classes" (SEBC) and consequently, to enact laws for providing reservation," Thackeray said.
"Resultantly, the aforesaid statute (SEBC Act) passed unanimously by both the Houses of the state legislature of my State on November 30 after the 102nd Constitutional Amendment has been held unsustainable. In term of the aforesaid majority of the SC on and from August 15, 2018, the day on which the Constitutional Amendment has been brought into force, the President alone (i.e., the Central Government) under Article 342 (I) by reason of Article 367 read with section 3(8) (b) of General Clauses Act, has jurisdiction, authority, and power to identify and declare Maratha community of my State to be an SEBC.
Also, it is held that an appropriate exercise in this regard is to be conducted by the National Commission for Backward Classes (NCBC), in consultation with our State (sic)," stated the letter, dated May 10, to the President. "As a consequence of the aforesaid majority view of the Supreme Court, it is the President, i.e., the Union government alone, which can identify and notify the Maratha community of my State as SEBC, enabling it to enjoy reservation in Education and public employment.
This is, therefore, to earnestly request you that appropriate steps be taken, albeit in accordance with the law, declared by the SC to identify and declare the Maratha community of my State as SEBC to enable them to claim reservation in Education and public employment at least to the extent of 12% and 13% respectively (sic)," it added "In view of the aforesaid report, and other relevant aspects of the matter, both the Houses of the Legislature of my State, unanimously enacted the Maharashtra State Socially and Educationally Backward Class (SEBC) (Admission in Educational Institutions in the State and for posts for appointments in public service and posts) Reservation Act, 2018, (the Act), which was published in the Gazette on November 30, 2018.
By the Act,16 percent reservation was provided in favor of the Maratha community, in my State, both in Education and Public Employment," the Maharashtra CM added. Earlier today, Maha Vikas Aghadi (MVA), led by CM Thackeray, met Governor Bhagat Singh Koshyari over the issue of the Maratha reservation. After the meeting, Thackeray said he would soon meet the Prime Minister on the issue.
The Supreme Court, on May 5, struck down the reservation in government jobs and educational institutions for the Maratha community brought in by the Maharashtra government in 2018, saying it exceeded the 50 percent cap imposed earlier Supreme Court in its judgment said that there was no valid ground to breach 50 percent reservation while granting Maratha reservation. On May 8, the Maharashtra government had decided that a committee will be formed to analyze the judgment of the Supreme Court on the Maratha reservation and submit its report in 15 days.
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