SC to hear from Jan 22 pleas challenging Maratha reservation

NEWDELHI: The Supreme Court on Tuesday fixed January 22 to commence hearing pleas challenging the constitutional validity of a Maharashtra law granting reservation for Marathas in education and jobs in the state.

A bench comprising Chief Justice SA Bobde and Justices Sanjiv Khanna and Surya Kant, meanwhile, asked the parties to complete the pleadings in the case.

Senior advocate Arvind Datar, appearing for one of the parties opposed to the quota for Marathas, said t he matter required a hearing as the Maharashtra law breached the 50% ceiling on reservation put by the apex court in its the Mandal judgment.

“We can refer it (matter) to a Constitution bench only after being convinced of the plea,” the bench said, adding that the petitions would be now listed for hearing on January 22.

Earlier on July 12, the apex court had decided to examine the constitutional validity of the Socially and Educationally Backward Classes (SEBC) Act, 2018 granting reservation for Marathas in education and jobs in the state. The top court, however, had refused to stay the Bombay High Court order upholding the statute with some modifications.

It had also made clear that the aspect of the HC verdict allowing the quota with a retrospective effect, from 2014, would not be made operational.

The apex court’s order, declining application of the law with retrospective effect, was passed when a lawyer had alleged that the state government has passed an order applying the quota to nearly 70,000 vacancies with effect from 2014.

The bench was hearing five petitions including those filed by J Laxman Rao Patil and lawyer Sanjeet Shukla challenging the high court order which had upheld the constitutional validity of the quota.

The SEBC Act was enacted to grant reservation to the Maratha community people in jobs and admissions.

The high court had held that 16% reservation was not justifiable and ruled that quota should not exceed 12% in employment and 13% in admissions.

The Bombay High Court, in its June 27 order, had said the 50% cap on total reservations imposed by the SC could be exceeded in exceptional circumstances. It had also accepted the Maharashtra government’s argument that the Maratha community was socially and educationally backward, and it was duty-bound to take steps for its progress.