The Bombay High Court on Friday constituted a
three-judge special bench to hear the pleas challenging the constitutional
validity of the law providing Maratha reservation following a Supreme Court
directive.
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.
In a notice issued on Friday, HC said a full bench
comprising Justices Ravindra Ghuge, N J Jamadar and Sandeep Marne is
constituted to hear and decide the public interest litigations and petitions
related to the Maharashtra State Reservation for Socially and Educationally
Backward Classes Act, 2024.
The notice, however, does not mention or specify a
date on which the bench would hear the pleas.
Last year, a full bench headed by former HC Chief
Justice D K Upadhyaya had commenced hearing into a bunch of petitions
challenging the law on the ground that the Marathas were not a backward
community that requires benefits of reservation.
The pleas also claimed that Maharashtra has already
crossed the 50 per cent cap on quota.
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 HC to constitute a special bench and
urgently hear the matter.
The apex court direction came in a petition by
students appearing for the National Eligibility cum Entrance Test (NEET)
undergraduate and postgraduate exams of 2025.
The petitioners argued that the delay in
adjudication of the matter was adversely impacting their right to fair and
equal consideration in the ongoing admission process.
In March last year, when the petitions against the
reservation were filed, the HC in an interim order had 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, would be
subject to further orders in the pleas challenging the law.
On April 16, 2024, the full bench also clarified
that until 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, according 10 per cent quota for the
Maratha community, was passed by the then chief minister Eknath Shinde-led
government on February 20 last year.
It was formulated 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 was filed in
the Bombay HC challenging the earlier SEBC Act of 2018 that granted Marathas 16
per cent reservation in government jobs and education.
The HC later 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 SC, which in May 2021 struck down the whole Act.
A review petition filed by the Maharashtra
government was also rejected by the apex court in May 2023.