- Apprentice Lawyer
The Bombay High Court on Saturday allowed students belonging to the Maratha caste to avail the benefit of reservation afforded to Economically Weaker Section (EWS) provided they give an undertaking not to claim any other reservation, either vertical or horizontal, except EWS category for education purpose.
Towards this end, Justices SV Gangapurwala and SD Kulkarni of the Aurangabad Bench directed the Tahsildar at Aurangabad not to deny EWS certificate to the student petitioners merely because they belong to the Maratha caste which is categorised as a Socially and Educationally Backward Community (SEBC).
The student petitioners were compelled to approach the High Court after the Tahsildar refused to grant EWS certificate to them due to which they could not complete the admission process.
The Court noted that Maratha caste was categorised as SEBC and a government resolution of July 28, 2020 passed by the Maharashtra government explicitly stated that a person from reserved category cannot apply under EWS.
However, the Court also took into account the fact that Supreme Court had, on September 9, 2020 stayed the reservation to Maratha caste till the validity of Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act was decided by a larger Bench of the top court.
The High Court, therefore, ordered Tahsildar to grant EWS certificate to the petitioners if they can prove that they are eligible for the same.