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Maratha reservation issue: SC refuses interim stay

State govt assures that no fresh recruitment for jobs will be made till Sept 15

New Delhi: The Supreme Court today refused to pass interim stay on the Maratha reservation issue till September 1, after getting assurance from the state government that no recruitment will be made till September 15.

The bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat said that on August 25 it will first examine whether the issue should be referred to a constitution bench. The bench has listed the matter for next hearing on September 1.

The matter pertains to a the Socially and Educationally Backward Classes Act 2018, introduced by the Maharashtra government that grants 12 per cent reservation for Maratha community in education and 13 per cent quota in appointment to public service jobs in the state.

The Act was introduced with the purpose of extending reservation benefits to the Maratha community.  The Act originally provided 16 per cent reservation to Marathas in public service jobs and education in the state. Later, it was challenged before the Bombay High Court which upheld the validity of the law but reduced it to 12 per cent in admissions and 13 percent in jobs. Thereafter the state government amended the act accordingly.

A batch of 15 petitions has challenged the law on the ground that it breaches the 50 per cent reservation threshold prescribed in the landmark judgment rendered by the Supreme Court in Indra Sawhney in 1992.

Read the order here;

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-India Legal Bureau

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