New Full Bench Of Bombay High Court Led By Justice Ravindra Ghuge To Hear Maratha Reservation Matter

The Bombay High Court has constituted a new full bench (three-judge bench) for hearing the petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10 per cent reservation to the Maratha Community in education and public service in the State.

The new full-bench will now be headed by Justice Ravindra Ghuge along with Justices Nizamoodin Jamadar and Sandeep Marne being the other members of the bench.

A notification to this effect was issued on May 15 by the Registrat Judicial (I) of the High Court.

Notably, the clutch of petitions both for and against the Maratha Reservation were earlier being heard by a full bench of (then) Chief Justice Devendra Upadhyay and Justices Girish Kulkarni & Firdosh Pooniwalla. It would not be out of place to mention that this full bench had heard the matter substantially.

However, with the transfer of CJ Upadhyay to the Delhi High Court, the said full bench could no more hear the said petitions.

Therefore, a new full bench has now been constituted under Justice Ghuge.

Recently, the Supreme Court too had declined to entertain a plea challenging the 10% Maratha reservation quota in Maharashtra's government jobs and educational admissions. The bench of CJI Bhushan Gavai and Justice AG Masih refused to entertain the writ petition filed by the candidates preparing for NEET UG and NEET PG 2025 Exams. Considering the nearing date of examinations (June 15 for NEET PG, NEET UG was held on May 4), the Court asked the High Court to consider the possibility of an interim relief.

What Is The Maratha Reservation Quota All About?

The Impugned Act was passed in the legislature on February 20, 2024, and notified on February 26, 2024, by the state government based on a report from the Justice (retired) Sunil B. Shukre-led Maharashtra State Backward Class Commission (MSBCC). The report cited "exceptional circumstances and extraordinary situations" as justification for granting reservation to the Maratha community, exceeding the 50 percent total reservation limit in the state.

An Advocate had previously approached the Bombay High Court challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted by the 2018 Devendra Fadnavis-led government. This law granted Marathas 16 percent reservation in government jobs and education.

While the Bombay High Court upheld the 2018 law in June 2019, it deemed the 16 percent quota unjustifiable and reduced it to 12 percent in education and 13 percent in government jobs. Patil and others challenged this verdict in the Supreme Court.

In May 2021, the Constitution bench of the apex court struck down the SEBC Act, 2018, stating that no extraordinary circumstances justified the separate reservation for Marathas, which exceeded the 50 percent ceiling limit mandated by the 1992 Indra Sawhney (Mandal) judgment. The Supreme Court also questioned the empirical data submitted to establish Marathas' social backwardness.

The Maharashtra government filed a review petition, which was rejected in April 2023. Subsequently, a curative petition was filed, which is currently pending before the apex court.