The Bombay High Court said on Tuesday that the Maharashtra State Backward Class Commission headed by justice Sunil Shukre which recommended reservation to Maratha community was a necessary party in the petitions challenging the reservation.
The court said that since the several petitions seek quashing of the Commission’s report, it is necessary to hear the Commission.
The law granting 10% reservation to the community under the Socially and Educationally Backward Class (SEBC) category in government jobs and education was passed on February 20 by the Maharashtra legislature. The Governor’s notification was issued on February 26. A batch of petitions opposing and supporting the reservation were filed later. A batch of petitions have been filed challenging and supporting the reservation.
Some of the petitions have challenged the setting up of the Commission led by retired Justice Sunil Shukre, its methodology and the report submitted by it recommending reservation to persons from the Maratha community.
One of the petitioners Bhausaheb Pawar had filed an application seeking to add the Commission as a party respondent in the plea.
On Tuesday, the court opined that since Pawar's petition also challenges the Commission’s report and seeks for it to be quashed, the commission is a proper and necessary party.
“We find it appropriate that the Commission will be a necessary and proper party to adjudicate the prayer regarding the quashing of its report. It may not be a necessary party for the prayer against the validity of the Act,” a full bench of Chief Justice DK Upadhyaya and Justices Girish Kulkarni and Firdosh Pooniwalla said.
The bench said it would pass an order on Wednesday adding the Commission as a party.
The petitions have challenged the validity of the Act on the ground that the Maratha community was not backward and hence do not require benefits of reservation. Also, the State has already crossed the 50 per cent cap on reservation and hence there was no need for reservation.
