HC bench to hear pleas against Maratha quota
MUMBAI, May 17 -- The Bombay high court on Thursday constituted a three-judge bench to hear a batch of petitions challenging the 10% reservation granted to the Maratha community under the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024. The bench will comprise justices Ravindra Ghuge, NJ Jamadar and Sandeep Marne.
The move comes days after the Supreme Court asked the chief justice of the Bombay high court to expedite the hearing of these petitions due to their impact on thousands of students, particularly those appearing for the 2025 National Eligibility cum Entrance Test (NEET) postgraduate and undergraduate exams.
According to a writ petition filed by students in the Supreme Court, the Bombay high court had heard their pleas and arguments had concluded in April last year, but the matter had not been listed since. Back then, the matter was last heard by a bench led by the chief justice of the Bombay high court at the time, DK Upadhyaya, but he was transferred to the Delhi high court in January . The students argued that the delay in adjudicating the matter was adversely impacting their right to fair and equal consideration in the ongoing admission process.
Several petitioners have challenged the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, which reintroduced a quota for the dominant Maratha community in government jobs and admissions to higher educational institutions, over and above existing reservations for other communities. The Act designated the Maratha community as a Socially and Educationally Backward Class and justified exceeding the Supreme Court-mandated 50% reservation ceiling by citing "exceptional circumstances" such as economic distress.
However, the petitioners argued that the Act was unconstitutional because a five-judge constitution bench of the Supreme Court had in May 2021 struck down the law's predecessor-the Maharashtra Socially and Educationally Backward Classes Act, 2018-which granted a 16% quota to Marathas. The bench had declared the Act unconstitutional, primarily for breaching the 50% reservation ceiling.
The 2021 judgement influenced subsequent Maratha quota agitations and led to the state government introducing the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024....
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