The Maharashtra government has now permitted Marathas to benefit from a 10% reservation in education and government positions under the Economically Weaker Sections Act, following the Supreme Court’s decision to abolish the Maratha quota (EWS). The General Administration Department (GAD) in Mumbai issued a government order (GO) to this effect.
From the end of the interim stay (on the Maratha reservation) on September 9, 2020, until the Supreme Court’s ultimate ruling on May 5, this year, the EWS quota will apply to the community. The EWS quota will apply to SEBC applicants whose appointments were pending prior to the interim stay, but not to those who have previously benefited from the SEBC quota in their appointments and admissions, the government order said.
If a person meets the EWS quota criteria and does not fall into another reservation category, he or she will be eligible for 10% reservation in state government positions and educational institutions.
On May 5th, the Supreme Court overturned a state statute that gave the Maratha community job and educational preferences. The judge stated that there were no exceptional circumstances justifying granting more quota to the Maratha group beyond the 50 per cent cap set by the Supreme Court in Indra Sawhney v. Union of India in 1992. The Supreme Court also stated in its ruling that members of the Maratha group cannot be classified as educationally or socially backward community to bring them within the reserved category.