The Bombay High court said on Tuesday that it will decide on April 10 on the issue of granting interim stay on the government’s decision to grant reservation to the Maratha community.
The court was hearing a batch of petitions challenging the law passed by the Maharashtra legislature granting 10% reservation to the Marathacommunity under the Socially and Educationally Backward Class (SEBC) category in government jobs and education. The law was passed on February 20, and the Governor's notification was issued on February 26.
On Tuesday, the petitioners sought a stay on the implementation of the Act pending final hearing decision in the petitions.
However, the court said before granting any interim stay it has to hear all the parties. “It is not a simple administrative order. It is a legislation. Hence we have to keep in mind the principles laid down while hearing pleas challenging constitutional validity of the legislation. There is a principle of presumed constitutionality. This is a legislative enactment, we will have to give due weightage to all arguments,” a division bench of Chief Justice DK Upadhyaya and Justice Arif Doctor said.
It added, hence, it wants to give some time to the State to respond to the interim relief.
The judges emphasised that the order passed by a co-ordinate bench on March 8, in one of the petitions, has stated that any admission given or employment made under the Maratha quota would be subject to final orders of this court on the petitions.
“This is a clear warning/ indication/ notice to the candidates seeking admission or employment under the Act,” the judges said.
The bench then directed the state government to file a common affidavit in reply to the petitions and provide a copy of the backward class Commission to the petitioners by March 26.
It has asked the petitioners to file their rejoinder affidavit by April 3 and kept the matter for hearing on April 10.
Seeking quashing of the reservation, the petitioners argued that the Supreme Court had earlier struck down the reservation to the community.
Gunaratan Sadavarte, one of the petitioners, said with the reservation for the Maratha community, the percentage of reservation in Maharashtra is 72 per cent leaving only 28 per cent for the general category.
The state already has 52% reservation and additional 10% reservation for the Economically Weaker Section.
Senior counsel Arvind Datar, appearing for another petitioner, argued that there is a cap of 50 per cent for reservation for all states. However, only Maharashtra has exceeded that limit.
