Set up new bench to hear pleas: SC
New Delhi, May 16 -- The Supreme Court has asked the chief justice of the Bombay high court to expeditiously decide on a batch of petitions challenging the 10% reservation granted to the Maratha community. The top court's direction on May 13 came in a writ petition filed by students appearing for the National Eligibility cum Entrance Test (NEET) postgraduate and undergraduate exams of 2025.
The students argued that their pleas were heard and arguments before the high court concluded in April last year, but the matter has not been listed since. They added that the delay in adjudication of the matter was adversely impacting their right to fair and equal consideration in the ongoing admission process.
As the issue concerned careers of thousands of students, a bench of justices BR Gavai (now CJI) and Augustine George Masih asked the chief justice of the Bombay high court to constitute a bench and hear the matter expeditiously. The order, which is yet to be uploaded, also asked the high court to decide on the application of the students for interim relief as well.
The order was passed on a petition filed by one Diya Ramesh Rathi and parents of two other students. The petitioners urged the bench to consider their case on merit. However, the top court refused to entertain the prayer, noting that a separate batch of matters was pending in the Bombay high court.
In the high court, the petitioners have challenged the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, which reintroduced 10% reservation for Maratha community in jobs and admission to higher educational institutions.
The plea raised an important legal issue challenging the 2024 law as unconstitutional on the ground that the five-judge constitution bench of the Supreme Court in May 2021 struck down the quota provided to Marathas - a dominant community in Maharashtra - by the state government in the Jaishri Laxmanrao Patil case.
Shiv Sena (UBT) MP Arvind Sawant said: "Supreme court's direction to high court will help to clear the pending issue and uncertainty in the minds of students."
Shiv Sena leader and transport minister Pratap Sarnaik said that Marathas must get speedy justice.
State BJP general secretary Madhav Bhandari said, "We are sure that the Maratha reservation will pass legal scrutiny. The Maratha quota first given by Fadnavis government in 2018 was upheld by the HC, but was quashed by SC when the MVA government was in power. MVA government didn't want it to continue." State Congress spokesperson Atul Londhe said, "Apart from the Supreme court, Congress expects time bound caste census and removal of 50 per cent cap on reservation. This will provide justice for Marathas.''
NCP spokesperson Suraj Chavan said, "This decision is a part of judicial process. Justice must be delivered fast and needy must get reservation.''...
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