Chief Justice Devendra Kumar Upadhyaya of the Bombay High Court announced on Friday his intention to assign a bench to address a series of writ petitions and public interest litigations challenging the newly enacted Maratha Reservation Act of 2024 by the Maharashtra government.
A notice was issued by the Bombay HC to the Maharashtra government on Thursday, requesting its response to a PIL filed against the decision to allocate a 10% quota in jobs and education to the Maratha community.
The HC has mandated that the state submit its response within a span of four weeks.
Last month, the BJP-Shiv Sena (Eknath Shinde faction) government passed the Maharashtra State Socially and Educationally Backward Bill 2024, which provides for a 10% reservation for the Maratha community in education and government jobs.
Advocate Jaishri Patil and others filed a Public Interest Litigation (PIL) last week against the state government’s action, contending that it was motivated by “dirty politics.”
The plea characterizes the decision as a “violation of the basic structure of the Constitution” and asserts that the politically-driven move was made jointly by the state government and opposition without adhering to principles of fair play and due process. It urges the HC to declare the Maharashtra government’s decision unconstitutional, citing the breach of the 50% reservation limit without considering Supreme Court guidelines.
In June 2017, the then Devendra Fadnavis government established the Maharashtra State Backward Class Commission (MSBCC), led by Justice (retired) MG Gaikwad, to examine the social, financial, and educational status of the Maratha community.
The Commission presented its report in November 2018, categorizing Marathas as a socially and educationally backward class (SEBC).
On May 5, 2021, the Supreme Court invalidated reservations for the Maratha community in colleges, higher educational institutions, and jobs, stating that there was no valid justification to exceed the 50% reservation limit while granting Maratha reservation.
