Supreme Court Strikes Down Maharashtra State Reservation (of Seats for admissions in Educational Institutions in the State and appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018

The Supreme Court Bench of Justice Hemant Gupta, Justice Nageswara Rao, Justice Ashok Bhushan, Justice S. Abdul Nazeer & Justice Ravindra Bhat have unanimously struck down Maharashtra State Reservation (of Seats for admissions in Educational Institutions in the State and appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes (SEBC) Act, 2018 ("Impugned Act") being violative of Article 14 & Article 16 of the Constitution of India.

“Circumstances were made out in granting separate reservation of Maratha Community by exceeding the 50 percent ceiling limit of reservation. The Act, 2018 violates the principle of equality as enshrined in Article 16. The exceeding of the ceiling limit without there being any exceptional circumstances clearly violates Article 14 and 16 of the Constitution which makes the enactment ultra vires.”, the Court remarked. 

The Bench was adjudicating the appeals arising from a common judgement of the Bombay High Court regarding the Constitutionality of Impugned Act which u/s 4 granted Reservation upto 16% in Educational Institutions (including private educational institutions) and 16% indirect appointment to public services and posts under the State. The Bombay High Court, while upholding the Constitutionality of the Impugned Act, reduced the quantum from 16% to 12% in respect of Reservation to educational institutions and 13% in public employment. 

One of the issues that arose for consideration was whether the Impugned Act as amended in 2019 granting 12% and 13% reservation for Maratha community in addition to 50% social reservation is covered by exceptional circumstances as contemplated by Constitution Bench in Indra Sawhney’s case.

The Court while taking into consideration the Statement & Object of the bill observed that the same clearly indicated that the State formed the opinion on the basis of the report of the Commissions and had accepted the reasons given by the Commission holding that extraordinary circumstances for exceeding the ceiling limit were made out.

“While the foundation itself is unsustainable, the formation of opinion by the State Government to grant separate reservation to the Marathas exceeding 50 percent limit is unsustainable.”, the Court observed. 

Thereafter, the Bench while striking down the Constitutionality of the impugned act observed that the legislative act & executive acts of the Government have to comply with the fundamental rights. It further observed that the Act granting the granting separate reservation for Maratha Community did not make out any exceptional circumstances to exceed the ceiling of 50 percent reservation.

The Court further added that, “The State’s legislative or any executive action passed in violation of Fundamental Rights is ultra vires to the Constitution. The 50 percent ceiling limit for reservation laid down by Indra Sawhney case is on the basis of principle of equality as enshrined in Article 16 of the Constitution.”

The Bench while allowing the appeal observed the following:

1. Section 2(j) of the Act, 2018 insofar as it declares Maratha community Education- ally and Socially Backward Category is held to be ultra vires to the Constitu- tion and struck down.
2. Section 4(1)(a) of Act, 2018 as amended by Act, 2019 insofar as it grants reservation under Article 15(4) to the extent of 12% of total seats in educational institutions including private institutions whether aided or unaided by the State, other than minority educational institutions, is declared ultra vires to the Constitution and struck down.
3. Section 4(1)(b) of Act, 2018 as amended by Act, 2019 granting reservation of 13% to the Maratha community of the total appointments in direct recruitment in public services and posts under the State, is held to be ultra vires to the Constitution and struck down.
4. That admissions insofar as Postgraduate Medical Courses which were already held not to affect by order dated 09.09.2020, which shall not be affected by this judgment. Hence, those students who have already been admitted in Postgraduate Medical Courses prior to 09.09.2020 shall be allowed to continue.
5. The admissions in different courses, Medical, Engineering and other streams which were completed after the judgment of the High Court dated 27.06.2019 till 09.09.2020 are saved. Similarly, all the appointments made to the members of the Maratha community in public services af- ter the judgment of the High Court dated 27.06.2019 till order passed by this Court on 09.09.2020 are saved. How- ever, no further benefit can be claimed by such Maratha students admitted in different courses or Maratha students who were appointed in public services in the State under Act, 2018.
6. After the order was passed on 09.09.2020 neither any admission can be taken in the educational institutions nor any appointment can be made in public services and posts in accordance with Act, 2018

Case Title: Jaishri Laxmanrao Patil V. The Chief Minister & Ors.