The Supreme Court on Wednesday referred to a larger Bench a batch of petitions challenging the validity of the law granting reservation to Marathas in education and jobs. The apex court also stayed the implementation of the 2018 Maharashtra law granting reservation to Marathas in education and jobs but made it clear that the status of those who have already taken benefits of the 2018 law shall not be disturbed.
The Supreme Court was hearing a batch of petitions against 12% Maratha reservation by the Maharashtra government in jobs and educational admissions in Maharashtra.
The petitioners had challenged the Bombay High Court order which allowed the Maratha community to secure reservation in jobs and educational institutions in Maharashtra.
Petitions in the top court contend that the Socially and Educationally Backward Classes (SEBC) Act, which gave 12% reservation in educational institutions and 13% reservation in jobs to the Maratha community, violates 50% upper cap on reservation fixed by the apex court in the landmark “Indira Sawhney” case.
The previous BJP-led Maharashtra government, led by CM Devendra Fadnavis, granted a 16% reservation to the Maratha community in government jobs and education in November 2018. The law was upheld by the Bombay High Court in June 2019, but the quantum of quota was reduced to 12% and 13%, based on recommendations by the State Backward Classes Commission.