Maratha quota verdict by March-end

A 5-judge Constitution Bench of the Supreme Court on Friday decided to hear from March 8 -- in a hybrid manner -- petitions pertaining to a 2018 Maharashtra law granting reservation to Marathas in education and government jobs. More important, the top court has drawn up a calendar to wrap up the proceedings in March itself.

The Socially and Educationally Backward Classes (SEBC) Act, 2018, was enacted to grant reservation to Maratha community in Maharashtra in jobs and admissions. The bench said it would also hear arguments on the issue of whether the landmark verdict in the Indira Sahwney case, also known as the 'Mandal verdict', should be re-looked at or not.

On July 27 last year, the Maharashtra government had assured the top court that it would not proceed with the recruitment process to fill up the vacancies on the basis of 12 per cent Maratha

reservation till September 15, except for departments of Public Health and Medical Education and Research. The Supreme Court on September 9 last year, while referring to a larger bench the batch of pleas challenging the validity of the law, had stayed the implementation of the legislation but made it clear that status of those who have availed of the benefits would not be disturbed. While upholding the law in June 2019, the Bombay High Court had held 16 per cent reservation as unjustifiable and reduced it 13 per cent in higher education and 12 per cent in employment, as recommended by the State Backward Classes Commission. According to the 102nd amendment to the Constitution, reservation can be granted only if a particular community is named in the list prepared by the President.

In its judgment, the High Court had ruled that the 50 per cent cap on total reser vations imposed by the Supreme Court can be exceeded in exceptional cases; it had also accepted the state government's plea that the Maratha community was socially and educationally backwards and it was duty-bound to take steps for its progress.