The Bombay HC allowed students belonging to the Maratha caste to avail the benefit of reservation afforded to Economically Weaker Section (EWS) for education purpose only.
The student petitioners in the present case had moved the High Court as the Tahsildar at Aurangabad refused to grant EWS certificate, due to which, they could not complete their admission process.
The court further directed that the Tahsildar at Aurangabad shall not deny EWS certificate to the Maratha Caste student petitioners as it is categorised as Socially and Educationally Backward Community (SEBC).
The High Court ordered Tahsildar to grant EWS certificate to the petitioners only if they can prove that they are eligible for the same. The court further added,
“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 benefit of any reservation, either vertical or horizontal except EWS category, then the petitioners be considered for admission from EWS category.”
But the Court also noted that Maratha caste was categorised as SEBC and it was stated in a government resolution of July 28, 2020 passed by the Maharashtra government that a person from reserved category cannot apply under EWS.