Special HC bench to hear afresh plea against Maratha reservation from July 18
The interim order passed last year, whereby applications for admissions to educational institutions or jobs at government authorities taking benefit of the impugned Act will be subject to further orders in the present proceedings shall continue.
Mumbai, Jun 11 (PTI) The Bombay High Court on Wednesday said it would hear afresh the pleas challenging the constitutional validity of the law providing Maratha reservation from July 18.
The 2024 law, which provided 10 per cent reservation in education and government jobs to the Maratha community that constitutes nearly one-third of Maharashtra's population, had been at the forefront of political discourse last year during the Lok Sabha and assembly elections.
Last year, a full bench headed by former high court Chief Justice D K Upadhyaya had commenced hearing into a bunch of petitions challenging the law on the ground that the Maratha community was not a backward one that requires benefits of reservation.
The pleas also claimed that Maharashtra has already crossed the 50 per cent cap on reservation.
However, the hearing came to a standstill after CJ Upadhyaya was transferred to Delhi High Court in January this year.
On May 14, the Supreme Court directed the Bombay High Court to constitute a special bench and urgently hear the matter.
In March last year, when the petitions against the reservation were filed, the HC in an interim order said that applications for NEET 2024 admission to undergraduate medical courses, wherein a 10 per cent reservation granted to members of the Maratha community is applicable, will be subject to further orders in the pleas challenging the law.
On April 16, 2024, the full bench also clarified that till further orders, any applications for admissions to educational institutions or jobs at government authorities taking benefit of the impugned Act will be subject to further orders in the present proceedings.
The SEBC Act was passed on February 20 last year.
It was formulated by the then chief minister Eknath Shinde-led government based on a report of the retired Justice Sunil Shukre-led Maharashtra State Backward Class Commission (MSBCC) that found 'exceptional circumstances and extraordinary situations exist' to grant reservation to Maratha community in excess of 50 per cent total reservation in the state.
Thereafter, petitions also challenged Shukre's appointment as MSBCC chairperson.
In December 2018, a batch of petitions were filed in the Bombay High Court challenging the earlier SEBC Act of 2018 that granted Marathas 16 per cent reservation in government jobs and education.
In June 2018, the HC upheld the 2018 Act but reduced the quota to 12 per cent in education and 13 per cent in government jobs.
This was challenged in the apex court, which in May 2021 struck down the entire Act.
A review petition filed by the Maharashtra government was also rejected by the Supreme Court in May 2023. PTI SP NP
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
India Gazette
an hour ago
- India Gazette
"Only one who stands firm during adversity is a real leader": Maharashtra CM Fadnavis lauds Pune MP Mohol
Pune (Maharashtra) [India], July 13 (ANI): Maharashtra Deputy Chief Minister Devendra Fadnavis has praised Pune MP and Union Minister of State for Civil Aviation and Cooperation, Murlidhar Mohol, calling him a 'real leader' who remained active during tough times. 'Only the one who stands firm during adversity is a real leader,' Fadnavis said while speaking at the launch of MP Mohol's 24/7 Public Outreach Office and the release of his one-year performance report and book Pratham Manus, based on his COVID-era experiences. The event was held at Balgandharva Rangmandir in Pune on Saturday. Fadnavis praised the BJP for giving chances to dedicated party workers, saying Mohol had shown consistent commitment in both political and administrative roles. He also spoke about Mohol's efforts during the COVID-19 crisis as the Mayor of Pune. 'He remained calm and persistent throughout the crisis, which created his distinct identity,' said Fadnavis. The newly inaugurated 24/7 Public Office is located at JM Road in Pune. Fadnavis said that very few MPs in the country have a public outreach office that is open all day, every day. He also mentioned that Mohol was unanimously chosen to succeed the late Girish Bapat and is now working closely with Prime Minister Narendra Modi and Home Minister Amit Shah. 'After becoming MP, he was entrusted with a significant portfolio and now works closely with PM Modi and Home Minister Amit Shah,' he said. 'Amit Shah personally praised Mohol as a disciplined and studious leader with a bright future.' Fadnavis also announced that 12 forts of Chhatrapati Shivaji Maharaj from Maharashtra have been included in the UNESCO World Heritage Sites list. 'These forts reflect exceptional architectural style and rich Maratha history. Now, they will gain global academic and tourism attention,' he said. He further gave updates on key infrastructure projects, including the 'missing link' on the Pune-Mumbai Expressway. Once complete, it will reduce travel time by 30 minutes and feature a 9-km tunnel--the longest in India--and the tallest cable-stayed bridge in the country. He added that the second international airport for Pune is progressing well, while the Navi Mumbai airport is nearing completion. Union Minister Murlidhar Mohol thanked citizens and party leaders for their support. Presenting his one-year report, he said, 'The people of Pune gave me an opportunity, and I have tried to deliver honestly.' Speaking about the pandemic, Mohol said he remained connected with the public through social media for 28 months. His book Pratham Manus (First Person) captures both positive and difficult moments from that period. 'Rambhau Mhalgi once set an example by presenting a work report to the people, and I've followed the same tradition,' he added. Mohol said the new public office would serve as a 'one-stop solution' to help citizens access various government schemes. 'When I became a minister, it was hard to believe at first. But with the party's and my colleagues' trust, I've worked with full responsibility,' he said. Recounting his first meeting with PM Modi after taking oath, Mohol shared how the Prime Minister asked detailed questions about their ministries' responsibilities and was well-aware of incidents like the recent Delhi airport roof collapse. 'This reflects the intense vigilance and commitment of the central leadership,' Mohol said. He affirmed his dedication to fulfilling the responsibilities of the Cooperation Ministry under the guidance of Home Minister Amit Shah. (ANI)
Indian Express
an hour ago
- Indian Express
‘Indirect censorship': Digipub moves Karnataka High Court supporting X Corp's plea against takedown orders
The Digipub News India Foundation, a coalition of digital media organisations and independent journalists, Friday made submissions before the Karnataka High Court, supporting X Corp's petition against alleged subjective blocking orders on X issued by Central government officers across the country. A bench of Justice M Nagaprasanna was hearing the case challenging the blocking orders on X using Section 79 (3)(B) of the Information Technology (IT) Act. X Corp also raised issues with the Sahyog portal for intermediaries, which it has previously referred to as a censorship portal. Previously, during Tuesday's hearing, X Corp's counsel, senior advocate K G Raghavan, argued that government officials were issuing the takedown orders for social media posts without applying any uniform standard. X Corp has been arguing that these takedown orders can be issued only through the mechanism laid down by the Supreme Court in the case of Shreya Singhal vs Union of India, that is, through Section 69(A) of the Information Technology Act, and not Section 79 (3)(B). Raghavan previously argued that 69A had been upheld by the apex court on account of inherent safeguards, while 79(3)(b), which deals with the removal of protection from intermediaries like X, did not have such safeguards. Senior advocate Aditya Sondhi, representing Digipub, stated, 'X is before the high court as an intermediary….the parties directly affected by the entire exercise that the government has come up with is us….these media organisations are in a dual capacity of providing and receiving content online.' He pointed out that in the exercise of takedown of content by the intermediaries, the content creator in question did not get the chance to be heard. He also questioned the manner in which Rule (3)(1) (d) of the IT rules, which refers back to Section 79 (3) (b), is being applied, raising the issue of free speech implications. Referring to safe harbour protections of intermediaries being a free speech right, he said, 'It is precisely this, the indirect censorship, that is now being played out through this mechanism. An officer unhappy with a news report etc not palatable to his personal politics, political master morality….sits in his office and says take it down. That is the chilling effect.' Referring to the current takedown orders as well as the Sahyog platform, Sondhi stated that the situation was that of an 'ad hoc executive regime'. He added, 'A judicial determination of an unlawful act by a duly constituted court of law on the one hand – and a cyclostyled form in the hands of an officer to fill in a couple of blanks, directly infringing Article 19 (1)(a) [freedom of speech].' The hearing is set to continue on July 17.
Mint
an hour ago
- Mint
Who is Ujjwal Nikam? Rajya Sabha nominee and prosecutor in 26/11 Mumbai attack trial against Ajmal Kasab
President Droupadi Murmu nominated four prominent leaders to the Rajya Sabha on Saturday, July 12. One of them is Advocate and Bharatiya Janata Party (BJP) leader Ujjwal Deorao Nikam. Ujjwal Deorao Nikam is a public prosecutor known for handling high-profile criminal cases. He hails from Maharashtra's Jalgaon. One of the key cases he handled as the Special Public Prosecutor was the 26/11 Mumbai terror attack trial. The celebrated lawyer had represented Maharashtra and lead the prosecution against terrorist Ajmal Kasab. The 1991 Bombay bomb blasts case, the 1993 Mumbai serial blasts, and the 2003 Gateway of India bombings are among other terror-related cases where he represented Maharashtra. Nikam also argued in major cases such as the Gulshan Kumar murder case and the murder trial of BJP leader Pramod Mahajan, News 18 reported. In his decades-long career, Nikam worked under the Terrorist and Disruptive Activities (Prevention) Act, the Hindu reported. Nikam has also received several awards for his contribution to the legal field. In 2016, the Government of India awarded him the prestigious Padma Shri. Ujjwal Nikam is also a Bharatiya Janata Party (BJP) leader. He lost Maharashtra's Mumbai North Central seat in the Lok Sabha elections 2024. Prime Minister Narendra Modi congratulated Ujjwal Nikam, saying that his 'devotion to the legal field and to our Constitution is exemplary.' Nikam "has not only been a successful lawyer but also been at the forefront of seeking justice in important cases," PM Modi said, adding that during his entire legal career, he has always worked to strengthen Constitutional values and ensure common citizens are always treated with dignity. "It's gladdening that the President of India has nominated him to the Rajya Sabha. My best wishes for his Parliamentary innings," Nikam said. On being nominated to the Rajya Sabha, Special Public Prosecutor Ujjwal Nikam said, "Its a proud moment for me. I never thought or expected to be nominated as a member of the Rajya Sabha by the President of India." He said he had received a phone call from PM Narendra Modi, who had asked him 'if he should talk in Hi ndi or in Marathi. Both of us started laughing.' "He then spoke to me in Marathi and told me that the President wants to give me responsibility, after which he informed me about the President's decision. I immediately said yes...," Nikam said. "I want to thank the President, the Prime Minister and the party leadership. I assure that I will discharge my duties as a member of the Rajya Sabha, representing the President of India, truly and honestly...," he added. Besides Nikam, three others have also been nominated to the Rajya Sabha by President Murmu. They are Former foreign secretary Harsh Vardhan Shringla, Kerala BJP leader C Sadanandan Master, and historian Meenakshi Jain.
