Maratha Reservation Challenge : Bombay High Court Allows 10% Quota This Year Subject To Outcome; Will Hold Saturday Hearings

A newly constituted Bombay High Court's three-judge bench on Wednesday observed that the interim order passed last year allowing the Maratha community to avail 10% reservation in education and employment will continue this year as well, subject to the final outcome of the petitions challenging the 2024 Maratha quota law.

The full judge bench led by Justice Ravindra Ghuge also indicated that it will have special sittings on alternate Saturdays to hear the final arguments in the matter.

"All three of us are part of different division benches and you all are aware of the pendency in the principal seat of this court. So we think, we can hear your arguments on every alternate Saturdays, though it not being court working days but we will come and sit and hear you," said the bench also comprising of Justices Nizamoodin Jamadar and Sandeep Marne.

The bench therefore, listed the matter on July 18 (Friday) for commencement of final arguments. "On July 18, we commence from 3 PM till 5 PM and then on Saturday (July 19) we sit from 11 AM and hear you full day (till 5PM)," Justice Ghuge orally said.

During the hearing, senior advocate Pradeep Sancheti for petitioner Sanjeet Shukla urged the court to first hear the parties on the point of interim relief contending that the interim relief granted in April 2024 to the Maratha Community was applicable only for the year 2024 as the then full bench led by then Chief Justice Devendra Upadhyay had commenced final hearing in June last year.

The request was opposed by Advocate General Dr Birendra Saraf, who submitted that the bench need not year interim relief arguments again as detailed submissions were made before the earlier bench.

The judges too were not convinced with Sancheti's contention and said re-hearing arguments on point of interim relief would actually amount to virtually hearing the final arguments.

"If your contention not to continue the interim relief and exclude the persons, who would otherwise be eligible for reservation, from the admission or selection process, would mean staying the entire Act itself and it will change the entire scenario. Therefore, we are of the opinion that the interim relief will continue even for this year's admissions and recruitment subject to outcome of these petitions," Justice Ghuge said.

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.