Bombay HC To Resume Hearings On Maratha Quota Law Validity From July 18

Mumbai, Jun 11: The Bombay High Court will begin fresh hearings from July 18 on a clutch of petitions challenging the constitutional validity of the Maharashtra law granting 10 per cent reservation to the Maratha community in education and government jobs.

The court clarified that its interim order from April 2024 will continue. That order had stated that all admissions and appointments made under the new law would be subject to final orders in the case.

A special bench comprising Justices Ravindra Ghuge, NJ Jamadar, and Sandeep Marne was constituted last month to decide the pleas against the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024.

The law, enacted by the Mahayuti government, is based on a report by the Maharashtra State Backward Class Commission (MSBCC) headed by retired Justice Sunil Shukre, which cited “exceptional circumstances” to justify breaching the 50 per cent reservation cap imposed by the Supreme Court.

On Wednesday, senior advocate Pradeep Sancheti, appearing for some of the petitioners, sought an early hearing, pointing out that the admission process for the 2025-26 academic year had already commenced.

Advocate General Birendra Saraf, representing the state, opposed a hearing limited to interim relief. He urged the court to hear the matter finally instead. “Matter for interim relief was argued for 7-8 days last year, and thereafter the court worked this out arrangement (admissions/appointments subject to final outcome of petitions),” he said, adding, “If the issue is not decided finally, such applications will be filed every year.” Sarad added that the interim relief was extended from time to time.

The current legal battle follows the Supreme Court’s May 2024 direction to the High Court to urgently reconstitute a bench and adjudicate the matter. The top court was hearing a plea by NEET 2025 aspirants who argued that the pending litigation was affecting their right to equal opportunity.

Previously, a full bench led by then Chief Justice D K Upadhyaya had begun hearing the matter, but the proceedings stalled after his transfer to the Delhi High Court in January this year.

This is not the first time the Maratha quota has faced legal scrutiny. The 2018 SEBC Act granting 16 per cent reservation was upheld by the Bombay High Court (with reduced quotas) but was struck down by the Supreme Court in May 2021. A review petition was later dismissed in May 2023.