Maharashtra: Maratha Reservation Simplified With 15 Questions

Q: Has the entire Maratha community gotten a reservation?
A: The Maratha community, which does not fall under the advanced category, has received reservations in jobs and education.

Q: What is the percentage of the Maratha community benefiting from this reservation?

A: 84 percent Maratha community, which does not fall under the advanced category, will get reservations in jobs and education as decided in the Indra Sawhney case.

Q: For which jobs will this reservation be applicable?

A: A 10 percent reservation will be given for jobs in government schools, ministries, regional offices, zilla parishads, universities, and other government offices. The reservation will also be available in the posts filled by the Maharashtra Public Service Commission.

Q: In which educational institutions will this reservation be applicable?

A:A 10 percent reservation will be applicable in all government, private, aided and unaided educational institutions in the state except minority educational institutions.

Q: Where will this reservation not apply?

A: Highly specialized posts in medical, technical, and education sectors, posts to be filled by transfer or deputation, temporary appointments of less than 45 days, single posts in any cadre or category. This reservation will not apply to posts reserved for Scheduled Tribe candidates in scheduled areas of the state. This reservation will not be applicable in minority educational institutions.

Q: Will this reservation be applicable at the Centre and outside Maharashtra?

A: This reservation approved by the state legislature will be applicable only in Maharashtra. It will not be applicable at the Centre or outside Maharashtra.

Q: What is the provision for the recruitment process that started before this reservation came into effect?

A: This reservation will not apply to the recruitment process that started before the implementation of this reservation. Action will be taken as per the provisions which were applicable when the recruitment process started or the applicable government order.

Q: What is the provision for the academic admission process that started before this reservation came into effect?

A: This reservation will not apply to the academic admission process that started before the implementation of this reservation. Action will be taken as per the provisions that were applicable when the academic admission process started or the applicable government order.

Q: Will this reservation give OBC category concessions to the Maratha community?

A: This reservation given to the Maratha community has been given as a separate category. This reservation does not belong to OBC i.e. Other Backward Classes. Therefore, the Maratha community will not get all the concessions applicable to the OBC category. 

Q: What if the authorities failed to enforce the law? 

A: Officers assigned duties or responsibilities shall be punished with imprisonment for a term which may extend to 90 days or with a fine of Rs. 25,000 or both if they fail in the enforcement work or act deliberately for such purpose.

Q: What if this reservation is challenged in court?

A: The state government has claimed to have taken special precautions to ensure that this reservation given to the Maratha community is maintained in the court as well. The State Backward Classes Commission has relied on the Indra Sawhney case while deciding the reservation. Accordingly, in exceptional circumstances, the 50 percent reservation limit can be exceeded. 

Q: Has this reservation exceeded the 50 percent threshold in the state?

Maharashtra already has 52 percent reservation. Now this new 10 percent Maratha reservation has been added to it.

Q: When will this reservation come into force?

Ans: The Bill for Maratha reservation has been passed unanimously by both the Houses of the Legislative Assembly and the Legislative Council. Once the governor signs it, the bill will become law and be implemented immediately.

Q: Will Marathas get political reservation?

A: In the bill passed by the state legislature, the Maratha community has been given reservation only in jobs and education. There is no provision for political reservation. The State Backward Classes Commission has said in its report that the Maratha community does not need a political reservation as it is adequately represented in politics. 

Q: What is the impact on reservations for other categories?

Ans: The provisions of Maratha reservation will not affect the reservation given to other backward classes under the Maharashtra State Public Service (Reservation for Scheduled Castes, Scheduled Tribes, Scheduled Tribes (Denotified Castes), Nomadic Tribes, Special Backward Classes and Other Backward Classes) Act, 2001 and the Maharashtra Private Vocational Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes (Denotified Castes), Nomadic Tribes, Special Backward Classes and Other Backward Classes) Act, 2006. There will be no disruption to the number of seats and appointments reserved for socially and educationally backward classes.