Bombay High Court Empowers Justice: Special Bench Established to Address Maratha Reservation Appeals
The Bombay High Court has established a three-judge special bench to address the constitutional validity of the Maharashtra law that grants reservation to the Maratha community. This decision follows a directive from the Supreme Court, illustrating the ongoing legal battles surrounding the 2024 legislation. The law, which allocates 10% reservation in education and government jobs for Marathas, a group constituting nearly one-third of Maharashtra’s population, has been a focal point in political discussions, particularly during the recent Lok Sabha and Assembly elections.
The bench, consisting of Justices Ravindra Ghuge, N.J. Jamadar, and Sandeep Marne, has been tasked with reviewing public interest litigations and individual petitions relating to the Maharashtra State Reservation for Socially and Educationally Backward Classes Act of 2024. Although a notice was issued indicating the formation of this bench, it did not specify when the hearings would commence.
Previously, a full bench led by former Chief Justice D.K. Upadhyaya began examining similar petitions, with challengers asserting that Marathas do not classify as a backward community deserving of reservation benefits. Critics also pointed out that the state’s reservation quotas had already exceeded the legally mandated cap of 50%. However, proceedings were paused after Chief Justice Upadhyaya’s transfer to the Delhi High Court in January this year.
On May 14, the Supreme Court urged the Bombay High Court to expedite the hearing process, following a petition from students preparing for the National Eligibility cum Entrance Test (NEET) for undergraduate and postgraduate programs in 2025. The petitioners emphasized that the delay in addressing the Maratha reservation issue was hindering their right to fair and equitable treatment in the ongoing admissions process.
In March of last year, following the submission of petitions against the reservation, the High Court issued an interim order stating that applications for NEET 2024 admission—including the 10% reservation for Marathas—would be contingent on further decisions regarding the law’s validity. On April 16, 2024, the full bench reiterated that any applications for educational or government positions benefiting from the controversial Act would remain subject to ongoing legal proceedings.
The SEBC Act, offering a 10% quota to the Maratha community, was enacted by the government led by former Chief Minister Eknath Shinde on February 20 of the previous year. This legislation was based on findings from the Maharashtra State Backward Class Commission, which concluded that extraordinary circumstances warranted such a reservation, despite exceeding the 50% limit on total reservations in the state.
The legal landscape surrounding this issue is complex; a series of petitions challenging the previous SEBC Act of 2018 were filed in December 2018. This earlier Act had provided 16% reservation for Marathas, but was later reduced by the High Court to 12% in education and 13% in government jobs. The Supreme Court invalidated this Act entirely in May 2021, and a subsequent review petition from the Maharashtra government was dismissed in May 2023.
As the special bench prepares to convene, the implications of its rulings could significantly affect the future of the Maratha reservation debate in Maharashtra, making it a critical issue for many stakeholders, from students to policymakers.
Original Source: https://www.thehindu.com/news/national/maharashtra/bombay-high-court-sets-up-special-bench-to-hear-pleas-against-maratha-reservation/article69582450.ece
Category : Maharashtra
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Publish Date: 2025-05-16 11:15:00
