Maharashtra: Supreme Court stays reservation for Marathas in govt jobs and UG admissions

The Supreme Court on Wednesday, September 9, 2020, put an interim stay on reservation for the Maratha community in government jobs and educational institutions for undergraduate courses in Maharashtra. The Apex Court further added that those who have availed the benefits need not fear as their status will not be disturbed.

A three-judge bench headed by Justice L Nageswara Rao stayed the Maharashtra State reservation for Socially and Educationally Backward Classes Act (SEBC Act). This was while referring the case to a larger bench in consideration whether reservations in government jobs and educational institutions can exceed the 50 percent cap. This is as per the cap introduced by the Supreme Court in its 1992 judgment of Indra Sawhney v. Union of India.

The SEBC Act originally provided a 16 percent reservation for the Maratha community in educational institutions and government jobs. But was challenged in the Bombay High Court in June 2019. The Bombay High Court, while upholding the law in June last year, had held that 16 percent reservation was not justifiable. The Court said that the quota should not exceed 12 percent in employment and 13 percent in admissions.

Appeals were filed before the Supreme Court stating that the reservation would lead to a breach of the 50 percent cap prescribed by Indra Sawhney.

The Maharashtra government on August 26 had asked the court to place the matter before a larger bench. As it involves the determination of substantial legal questions.

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