Special HC bench to begin fresh hearing on plea against Maratha reservation from July 18

In June 2019, the Bombay HC had reduced the quota to 12 per cent in education and 13 per cent in jobs. File pic

The Bombay High Court (HC) on Wednesday said it would commence a fresh hearing of the pleas challenging the constitutional validity of the law granting reservation to the Maratha community from July 18, news agency PTI reported.

An interim order passed last year - which stipulated that applications for admissions to educational institutions or appointments to government posts availing benefits under the disputed legislation would be subject to further orders - will remain in force.

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A special bench comprising Justices Ravindra Ghuge, NJ Jamadar, and Sandeep Marne was constituted in May to decide on the public interest litigations and petitions linked to the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

The Act passed last year provided 10 per cent reservation in education and government jobs for the Maratha community, which constitutes nearly one-third of Maharashtra's population. The Maratha reservation had been a prominent political issue during last year's Lok Sabha and assembly elections.

Last year, a full bench headed by then Chief Justice DK Upadhyaya had begun hearing multiple petitions opposing the law on the grounds that the Maratha community was not backward and therefore did not require reservation.

The petitions also argued that Maharashtra had already exceeded the 50 per cent cap on reservations.

However, the hearing was halted after Chief Justice Upadhyaya was transferred to the Delhi High Court in January.

On May 14, the Supreme Court directed the Bombay HC to set up a special bench and expedite the matter.

In March 2024, when the petitions against the reservation were first filed, the Bombay HC, through an interim order, held that applications for National Eligibility cum Entrance Test (NEET) 2024 admissions to undergraduate medical courses - to which the 10 per cent Maratha reservation applied - would be subject to further court orders.

On April 16, 2024, the apex court reiterated that until further notice, any applications for admissions or jobs availing the benefits of the disputed Act would remain subject to the court's ongoing proceedings.

The reservation was passed under the Socially and Educationally Backward Classes (SEBC) Act on February 20, 2024.

It was introduced by the then Chief Minister Eknath Shinde-led government, based on the recommendations of the Maharashtra State Backward Class Commission (MSBCC), headed by retired Justice Sunil Shukre. The commission had found that "exceptional circumstances and extraordinary situations exist" to grant reservation to the Maratha community beyond the 50 per cent ceiling.

Following this, several petitions were filed challenging the appointment of Justice Shukre as MSBCC Chairperson.

Earlier, in December 2018, a batch of petitions had been submitted to the Bombay HC challenging the SEBC Act of 2018, which had granted the Maratha community 16 per cent reservation in education and government employment.

In June 2019, the HC upheld the Act but reduced the quota to 12 per cent in education and 13 per cent in jobs.

However, in May 2021, the apex court struck down the entire Act. A review petition filed by the Maharashtra government was also dismissed by the apex court in May 2023.

(With PTI inputs)