Vinakar Foundation Pranit v. The State Of Maharashtra Through The Secretary And ORS

1 21 PIL 95 - 2018.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 95 OF 2018 Vinakar Foundation Pranit Vishesh Magaspravarg Sangharsha Samiti .. Petitioner Vs State of Maharashtra and others .. Respondents Mr.Chintamani Bhangoji i/b Mr.R.K.Mendadkar, for the Petitioner Mr.P.P.Kakade - Government Pleader a/w Mr.K.S.Thorat - Additional Government Pleader, for Respondents. CORAM : PRADEEP NANDRAJOG, C.J. & N.M.JAMDAR, J.

Date : 18 July, 2019.

P.C. :

1.

Grievance in the Public Interest Petition is not to separately provide 2% reservation for admission in medical, engineering and professional degree courses in the State of Maharashtra and clubbing members of the Special Backward category with Other Backward Classes.

2.

Suffice it to state that as per the Maharashtra Private Professional Educational Institutions [Reservation of seats for admission for Scheduled Castes, Scheduled Tribes, De-notified

2 21 PIL 95 - 2018.doc Tribes, Nomadic Tribes and Other Backward Classes] Act, 2006 vide Section 4 reservation is provided for as under:- Description of Caste/Tribe/Category/ Percentage of Class of Reserved Category reservation

(1) Scheduled Castes and Scheduled 13% Castes converts to Buddhism

(2) Scheduled Tribes 7%

(3) De-notified Tribes (A) 3%

(4) Nomadic Tribes (B) 2.5%

(5) Nomadic Tribes (C) 3.5%

(4) Nomadic Tribes (D) 2%

(4) Other Backward Classes 19% ____________ Total..

50% 3.

The note to Section 4 is to the effect that candidates belonging to the Special Backward category shall be considered from and out of their respective original/parent Reserved Category such as Other Backward Classes.

4.

Unless the Petitioner challenges the said statutory provision, relief as prayed cannot be granted and thus we dismiss the Public Interest Petition. No costs.

N.M.JAMDAR, J.

CHIEF JUSTICE