The Supreme Court in the case observed and has stated that it will the curative plea moved against the Maratha quota verdict in the due course. The matter was mentioned by Senior Advocate Maninder Singh for urgent listing. The bench comprising of Chief Justice of India DY Chandrachud stated that, we are processing the curative petition and we will list it.
In the present case, the curative plea is moved against the judgment delivered by a 5-judge bench in May 2021 which struck down the Maharashtra legislation which provides the reservation for Maratha community in the Socially and Economically Backward Class.
The bench in the case struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality. Thus, the bench in the case struck down the reservation given to Marathas in job and education. Therefore, it has been stated by the bench that there were no exceptional circumstances shown to provide quota for Marathas by breaching the 50% ceiling limit.
It has also been held by the said bench in the judgement by 3:2 majority that States have no power to identify the Socially and Economically Backward Classes after the 102nd amendment to the Constitution. However, the 5-judge bench dismissed the review plea filed against the judgement in July 2021. Thus, the review plea has also been filed by the Central Government against the judgment to the extent it held that State has no power to identify SEBCs.