JUDGMENT :

Ranjit More, J.

1. Every democracy is challenged by the complex task of providing social justice to sections that have been traditionally discriminated against, while ensuing that such affirmative action does not hinder opportunities offered to the rest of the population. The caste system deeply embodied in Indian society is accused of widespread discrimination on basis of descent and birth. Successive Governments have sought to redress this inequity through policy of affirmative action, which is perceived as policies formulated with a view to increase opportunities for the disadvantaged class. The Constitution itself has endeavored to rectify discrimination against group of people often loosely referred to as "Other Backward Class" through Articles 15, 16, 335 and 340. The absence of precise definition of this term, resulted in development of a method to identify them and determine who exactly comprised the Other Backward Class. This vexatious issue persisted since the Constitution came into force and has perplexed the Indian Judicial System since long. At times, this issue has inflamed this country and coined a new terminology of Reverse discrimination.

Seven decades since the enactment of the Constitution, alas this issue of identification of the Backward classes and the power of State to have recourse to the enabling provision under Article 15(4) and 16(4) still continues to be a contentious issue. The Maratha community, perceived as a dominant community in the State of Maharashtra indulged into state wide agitations staking their demand for reservation and privileges under the Constitution and it reached its peak in the year 2017-2018. The community carried out massive marches, where 15 to 20 lakh persons participated and it is reported that 57 marches were held across the State between August 2016 to December 2016. After the community took to the streets, the State brought an Ordinance for the first time in the year 2014 granting reservation to the said community in jobs and in the field of education. The said Ordinance was then translated into an Act No. I of 2015, which was brought before this Court and the enactment conferring the benefit on the community came to be stayed. The State Government then set up a backward class Commission to ascertain the social and educational status of the community. Though the community is politically well represented, the various reports including the report of the Committee headed by Justice Gaikwad Commission suggest that huge chunks of Maratha is still deprived of basic facilities. The report of research study carried out by Gokhale Institute of Economics disclose that 40% of the total farmers who committed suicide were Marathas and this report is a reflection of the agrarian crisis in the State and since most of the Marathas are agriculturists, it brings forth the financial distress faced by the community. In the backdrop of the said scenario, the youth of this community is looking towards reservation as a solution to their progress and march towards cities and that is the reason why the community joined hands to track their demand. Amidst this scenario, the State Government declared 72,000 Government jobs open and this declaration was met with allegations and counter allegations, giving rise to a political debate and the issue of reservation to Maratha is kept alive and has been brought before us through these bunch of petitions. The State witnessed mixed reaction to the claim of Marathas which came to be objected by the Other Backward Classes as they are anxious that their share is being eaten up by the newly created class and again, there are open category candidates who are apprehensive that merit would receive a set back. The emergent situation makes us think whether we have lost the battle of annihilation of castes proposed by our founding fathers. Our whole anxie