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Synopsis

The Bombay High Court on Monday expressed its displeasure with the manner in which pleadings were made during the hearing of the challenge to the 10% Maratha Reservation granted by the State Government.

The high court stated that it will decide on July 2 whether the Backward Class Commission, headed by retired Justice Sunil Shukre, will be made a party to the petitions challenging the constitutionality of the 10% reservation granted to Marathas.

The full bench of the Bombay High Court, comprising Chief Justice Devendra Upadhyaya, Justice Girish Kulkarni, and Justice Firdosh Pooniwalla, was hearing multiple writ petitions and PILs challenging the constitutionality of the legislation passed by the Maharashtra State Government granting 10% reservation to Marathas in government schools and jobs.

Among the numerous petitions before the high court, some challenged the constitutionality of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

Other petitions also challenged the appointment of retired Justice Sunil Shukre as the head of the commission which recommended the reservation for Marathas. The petitioners questioned the methodology adopted by the commission.

Advocate Subhash Jha, appearing for one of the intervenors opposing the reservation, submitted that the commission should be made a party respondent.

Advocate General Birendra Saraf submitted that since the commission would be in the best position to defend itself, it should be made a party.

The petitioners opposed this pleading, stating that the commission need not be added since the challenge is to the act itself and not to the commission's recommendation. 

Chief Justice Devendra Upadhyaya, while expressing displeasure, said that since some petitions challenged the constitution of the commission, it would be appropriate to hear the impleadment application first.

"I am very very sorry to say this but in some of the petitions, the pleadings are reckless. This is a serious matter that is going to affect a large number of populaces in the state. You all should have been more careful in the pleadings made. Simple prayer must have been made challenging the vires of the Act," the chief justice said.

The high court will now decide tomorrow if the commission should be added as a respondent or not.