Maharashtra govt's open merit rule unconstitutional and anti-reservation, claims NCP (SP)

The Sharad Pawar-led NCP (SP) on Thursday accused the Maharashtra government of bringing in an ''unconstitutional'' rule that would deprive candidates from backward classes, tribal communities, OBCs and minorities of their rightful opportunities in education and government jobs.

Addressing a press conference here, NCP (SP) spokesperson Mahesh Tapase said despite the Constitution providing reservation in education and government employment for backward classes and tribals, the state government has framed a ''strange rule'' under which reserved category candidates availing any reservation-related concession would not be considered under the open merit category even if they score above the general category cut-off.

''Even if such students or candidates secure marks on merit and qualify in the open category, they will still be forced to take admission or jobs only under the reserved category quota. They will not get the benefit of open merit. This is a completely unconstitutional decision,'' he said.

He cited a Supreme Court judgment by Justice Narasimha and Justice Pardiwala which stated that meritorious students from reserved categories whose scores are above the open category cut-off must be treated as general merit candidates even if they have availed reservation benefits.

''The Supreme Court has clearly ruled that admissions and jobs of such candidates should be counted in the general category and not within the reserved quota,'' he said.

Alleging a conspiracy to deny education and employment opportunities to backward classes, tribals, minorities and other deprived sections, Tapase accused the Bharatiya Janata Party of pursuing an anti-reservation agenda.

''We strongly oppose this move. A major agitation will be launched across Maharashtra on this issue. We will take along OBCs, tribals, minorities and other marginalised communities and adopt a decisive stand,'' he said.

The Nationalist Congress Party (SP) firmly believes that reserved category students qualifying in the open category on merit must also receive jobs and admissions under the open merit system in Maharashtra, he asserted.

In its cabinet meeting on May 14, the government approved a proposal barring reserved category candidates who avail relaxation benefits in age, educational qualifications, experience and number of attempts in competitive exams would be eligible only for reserved category posts and not for open category seats.

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