The Maratha reservation issue will once again come under judicial scrutiny, with a newly constituted full bench of the Bombay High Court set to begin hearings on fresh pleas from July 18. However, the 10 per cent reservation in education and government jobs given to the Maratha community will continue this year.
The bench, comprising Justices Ravindra Ghuge, NJ Jamadar and Sandeep Marne, announced on Wednesday that they would devote half-days, full working days and even some Saturdays – ordinarily court holidays – to complete the hearing expeditiously.
The hearing pertains to challenges against the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024, which grants 10 per cent reservation in education and government jobs to the Maratha community. Under this order, any admission or job appointment made under the SEBC Act remains subject to final court directions.
The matter was previously heard by a bench led by then-Chief Justice DK Upadhyaya. However, proceedings halted after his transfer to the Delhi High Court in January. Following this, some students approached the Supreme Court, citing harm to their admission prospects due to the ongoing legal uncertainty. The top court subsequently directed the Bombay High Court to constitute a new full bench, which has now taken charge.
During Wednesday’s hearing, senior advocate Pradeep Sancheti, representing the petitioners, urged the bench to expedite proceedings as the academic admission cycle was underway. He argued that, unlike job appointments, delayed admissions would be harder to rectify, even with the interim order in place.
Advocate General Dr Birendra Saraf, appearing for the Maharashtra government, said the state needed more time to respond to the latest petition filed in court. He maintained that the interim order provided adequate safeguards and questioned the urgency shown by the petitioners. He also suggested that the petitioners withdraw the new plea if they were unwilling to allow time for the state to respond.
After considering the submissions, the bench scheduled the hearing for five weeks later.
The SEBC Act, passed on February 20 last year by the Eknath Shinde-led Maharashtra government, followed recommendations by the Maharashtra State Backward Class Commission (MSBCC) led by retired Justice Sunil Shukre. The commission had concluded that “exceptional circumstances and extraordinary situations” warranted reservation for the Maratha community beyond the 50 per cent cap mandated by the Supreme Court.
The legislation, which came just ahead of the Lok Sabha and assembly elections, sparked a series of public interest litigations and petitions challenging its constitutional validity. Simultaneously, numerous intervention applications have been filed by Maratha organisations defending the reservation and opposing the petitions.
In addition to the reservation issue, petitions have also been filed questioning the legality of Justice Shukre’s appointment as chairperson of the MSBCC.