Bombay high court considering a writ petition allowed the petitioners from Maratha caste benefit of the EWS reservation on condition that they may not claim the benefit of any other reservation based on their caste.
The petitioner belonging to the Maratha caste claimed certificate for EWS category in order to complete their admission process; however, the learned government pleader submitted that the Maratha caste was already recognized as S.E.B.C (socially and educationally backward class) and any person from the reserved category was barred from applying for the EWS quota. The petitioner side contended that the Supreme Court had stayed the reservation of S.E.B.C and added that the petitioners were ready to give up any claim of any other reservation for educational purposes.
The divisional bench of Justice SV Gangapurwala and Justice Shrikant D Kulkarni observed that the respondents may not deprive the petitioners of the EWS certification merely on the ground that they belonged to the Maratha caste. The court took into consideration that the Apex court had stayed the reservation of S.E.B.C and held that the tehsildar shall consider and issue the EWS certificate to the petitioners if they prove that they are entitled to the same.
The court, however, put the condition that they may not take benefit of any other reservation and remarked “If the petitioners are issued with the EWS certificates in the State format and undertaking is filed by the petitioners that during the entire educational career, they would not claim the benefit of any reservation, either vertical or horizontal except EWS category, then the petitioners be considered for admission from EWS category.”
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