HC forms special bench to hear challenges to Maratha quota law

United News of India

16-05-2025

Mumbai, May 16 (UNI) In accordance with a Supreme Court directive, the Bombay High Court on Friday constituted a special three-judge bench to hear petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024, which grants a 10 per cent reservation to the Maratha community in education and public employment.
The newly formed full bench comprises Justices Ravindra Ghuge, NJ Jamadar, and Sandeep Marne, as per a notification issued on May 15.
This bench will preside over all public interest litigations and civil writ petitions contesting the validity and implementation of the SEBC Act, 2024. The schedule for the hearings is yet to be announced.
The move follows a Supreme Court order on May 14, which instructed the Chief Justice of the Bombay High Court to urgently form a bench and expedite hearings on the matter, in light of the academic urgency cited by students appearing for the 2025 NEET undergraduate and postgraduate examinations.
The apex court emphasized the need to consider interim relief for students potentially affected by the ongoing legal uncertainty surrounding the Maratha quota.
The SEBC Act, enacted on February 20, 2024, by the Eknath Shinde-led Maharashtra government, is based on the findings of the Maharashtra State Backward Class Commission chaired by retired Justice Sunil Shukre.
The commission concluded that "exceptional circumstances and extraordinary situations" justified granting reservation to the Maratha community beyond the 50 per cent ceiling previously established by the Supreme Court.
Petitioners have argued that the Maratha community does not meet the criteria for classification as a backward class and that the new law breaches the Supreme Court's cap on reservations.
The legal debate is rooted in earlier challenges: a 2018 SEBC Act granting 16 per cent reservation to Marathas was upheld by the Bombay High Court but with reduced quotas, before being struck down entirely by the Supreme Court in May 2021. A subsequent review petition was dismissed in May 2023.
The issue has been politically charged, dominating public discourse during the 2024 Lok Sabha and Assembly elections. The previous full bench, led by then Chief Justice DK Upadhyaya, had heard the matter extensively, with petitioners' arguments concluding in October 2024.
However, hearings stalled after Chief Justice Upadhyaya's transfer to the Delhi High Court in January 2025, leaving the case in limbo until the formation of the new bench.
The High Court had earlier passed interim orders stating that admissions and appointments under the Maratha quota would be subject to the outcome of the litigation. The new bench is expected to address both the merits of the law and the issue of interim relief for affected students in the coming sessions.
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