Newly constituted Special Bench to hear petitions against Maratha reservation afresh from July 18
Explained | Why were Marathas granted reservation?
The full Bench comprising Justice Ravindra V. Ghuge, Justice N. J. Jamadar, and Justice Sandeep Marne said it would continue hearings even on alternate Saturdays, which are usually court holidays, to hear the final arguments in the case.
The Supreme Court on May 14 directed the Chief Justice of the Bombay High Court to urgently constitute a new Full Bench to hear the petitions against the Maratha reservation. The court issued the direction while hearing a writ petition filed by National Eligibility-cum-Entrance Test (NEET) 2025 aspirants, who have challenged the implementation of the 10% Maratha quota citing academic urgency and disruption in the admission process.
On May 15, a High Court notification by the Registrar Judicial said that the Special Bench comprising the three judges had been constituted to hear and decide the public interest litigations (PILs) and civil writ petitions on matters relating to the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.
The previous Full Bench comprised the former Chief Justice of the Bombay High Court, Devendra Kumar Upadhyaya, and Justices G. S. Kulkarni and Firdosh P. Pooniwalla. The petitions in the matter were not completely heard after the former Chief Justice of the Bombay High Court was transferred in January this year as the Chief Justice of the Delhi High Court.
The large Bench had heard the matter extensively. A clutch of petitions challenged the law on the ground that the Marathas were not a backward community needing the benefits of reservation, and that the State had already crossed the 50% cap on quotas. The petitioners had concluded their arguments in October 2024, whereas the State had started presenting its arguments in November 2024.
The 2024 Act, enacted by the ruling Mahayuti government, grants 10% reservation in education, and government jobs to the Maratha community, who make up nearly one-third of the State's population. This law was at the forefront of political discourse during the 2024 Lok Sabha and Maharashtra Assembly elections.
The Act was passed on February 20, 2024, and notified on February 26, 2024, by then Chief Minister Eknath Shinde, based on a report by retired Justice Sunil B. Shukre, who led the Maharashtra State Backward Class Commission. The report cited 'exceptional circumstances and extraordinary situations' to justify granting reservation to the Maratha community by breaching the 50% cap on reservations in the State.
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