SC refuses to quash Bombay HC order granting reservations for Marathas, but will hear the case afresh

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SC to hear on Friday plea challenging Bombay HC order approving reservations for Marathas

The Supreme Court on Friday refused to stay a Bombay High Court order granting reservations for Marathas in jobs and educational institutions. However, it made it clear that will hear the appeal for quashing of reservation for Marathas for admission in educational institutions and government jobs.

A bench comprising CJI Ranjan Gogoi and Justices Deepak Gupta, Aniruddha Bose said that the Maharashtra government’s decision to grant reservation to Maratha people and Bombay High Court’s verdict upholding its ruling, cannot be enforced with retrospective effect.

The bench further issued notice to Maharashtra government.

The Bombay HC had in June upheld the legality of reservations in education and government jobs accorded to the Maratha community under the Socially and Educationally Backward Class (SEBC) category but diminished the quantum from 16 per cent.

A Division Bench of Justices Ranjit More and Bharati Dangre had lowered the quota from the mandated 16 per cent to 12 per cent in education and 13 per cent in jobs on the grounds that the steeper quota was “not justifiable”.

It had noted that the government was entitled to create a different segment for SEBCs and allot them reservations.

The court had also said that the decision of the quota allotment of 16 per cent by the Maharashtra government was based on the justifiable data submitted by the Backward Class Commission.

The court delivered the verdict while acting on the bench of pleas challenging Maharashtra government’s November 2018 move providing 16 per cent reservations to Maratha community under the SEBC category.

After the verdict, the Maharashtra government had concurred with the decision of the court of lowering the quota from 16 per cent to 12 per cent.

—India Legal Bureau

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