Bombay HC Special Bench to Commence Hearing on Pleas Challenging Maratha Quota on July 18
The Bombay High Court has recently constituted a special bench to hear afresh a bunch of petitions challenging the constitutional validity of the Maratha reservation, starting from July 18.
A special bench comprising Justice Ravindra Ghuge, Justice Nizamoodin Jamadar, and Justice Sandeep Marne will hear the matter.
Meanwhile, the High Court has directed that the interim order passed last year—allowing 10% reservation—will remain in force. The court has clarified that any admissions or jobs that are being granted under the 2024 Maratha reservation law will be subject to the final outcome of the case.
On February 20, 2024, the Maharashtra legislature enacted the Maharashtra State Reservation for Socially and Educationally Backwards Classes (SEBC) Act, 2024. The said law grants 10% reservation to Marathas under a new category (SEBC).
The impugned Act was enacted based on the findings of the Justice Sandeep Shinde Commission, which had claimed that Marathas meet the criteria for backwardness.
Before the High Court, the petitioners claimed that the new law had breached the 50 per cent cap.
Earlier, a full bench led by former High Court Chief Justice D.K. Upadhyaya had commenced hearing the petitions. However, the hearing was paused after the Chief Justice was transferred to the Delhi High Court.
Notably, the Maharashtra government in 2018 had enacted a similar SEBC Act that had granted 16 per cent reservation to Marathas under the said category. That law was challenged before the Supreme Court.
In May 2021, a five-judge Constitution Bench of the top court struck down the law, holding that states cannot breach the 50% reservation cap.