Maharashtra Governor C.Vidyasagar Rao on 20th May signed an ordinance promulgated by the state government that upholds admissions given to Social and Educationally Backward Classes (SEBCs) under the Maratha quota in postgraduate medical and dental courses in the State. The state issued the ordinance after the Supreme Court upheld a ruling of the Nagpur bench of the Bombay HC.
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Reason for Ordinance:
In May 2019 the Nagpur bench of Bombay High Court has put a stay on the 16% quota offered under the Socially and Educationally Backward Classes Act by the state to its Maratha community for admission in 2019's postgraduate medical courses.
Bombay HC's statement:
The HC ruled that implementation of this reservation for Maratha community under SEBC quota was "unconstitutional" and thus will not be applicable to post-graduate medical admission process which had already begun.
This cancelled admissions already given to students under Maratha quota and necessitated fresh admissions.
Provisions under the ordinance:
The Maharashtra State Reservation (of seats for admission in educational institutions in the state and appointments in public services and posts under the state) for SEBC Amendment and Validation Ordinance, 2019, makes way for 16% reservation for students from the Maratha community in the current academic year. This reservation will apply to all postgraduate and undergraduate courses that require taking the National Eligibility cum Entrance Test (NEET) or any other national entrance test.
It will also provide reservation of seats for appointments in public posts and services under State.
Governor's power to draw ordinance:
Governor of an Indian state draws ordinance making power from Article 213 of the Constitution of India. This Article empowers the Governor to promulgate Ordinance, during a recess of the legislature, if circumstances exist which render it necessary for him to take immediate action.
Ordinance:
Ordinance is a decree or law promulgated by a state or national government without the consent of the legislature.
Article 123 of the Constitution of India grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session. The governor of a state can also issue ordinances under Article 213 when the state legislative assembly is not in session.
Ordinances cease to operate either if Parliament/State assembly does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses.
