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Maratha Quota: HC Asks Government to File Affidavit by 7 December

The government’s counsel, told that their affidavit was ready, but they needed time to collect data for the case.

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The Bombay High Court voiced its dissatisfaction over the Maharashtra government's delay in filing affidavit and other submissions in a matter pertaining to reservation in government jobs and educational institutions in the state for the Maratha community.

A division bench of Justices Anoop Mohta and GS Kulkarni had last month directed the government and all other respondents to file their affidavits, replies and written submissions by 13 October following which the court would fix a date to hear the matter finally.

Senior counsel VA Thorat, appearing for the government, told the court that while their affidavit was ready, they needed time to collect data and other information to support their case.

The court, while adjourning the matter till 7 December, said this was the last chance it was granting to the state.

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The government told the HC that “Maratha community comprises people belonging to various castes and since the country doesn’t conduct caste-based census anymore,” it was proving rather “difficult” to get hold of the requisite data.

The bench was hearing a batch of petitions challenging the decision to award 16 percent reservation to Marathas.

The petitioners objected to the adjournment, arguing that the state was "employing tricks to delay the matter," but the bench said that at this stage, it had "no choice but to believe" the government.

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"We have already given a lot of time to the government to file their affidavit and written submissions in the case," the HC said, adding that the Supreme Court had earlier stated the matter should be heard and decided as expeditiously as possible.

It is obvious that the government will have lots to say on this complex issue. Let them have time to complete all pleadings and file their additional affidavit. This is the last chance we are giving to the government to file their affidavit. We’ll verify their claims once the arguments begin.
The Bench

The court is hearing two PILs opposing the then Congress-NCP government's 2014 decision to grant 16 percent reservation in government jobs and educational institutions, and also a bunch of applications in favour of the reservation.

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