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What is Maratha reservation case? All you need to know

  • The Supreme Court has struck down the reservation for the Maratha community in education and jobs exceeding 50%
  • Maharashtra had passed the Socially and Educationally Backward Classes Act in 2018
  • In 2019, the Bombay High Court upheld the constitutional validity of the Act

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Published: May 05, 2021 05:29:50 New Delhi, Delhi, India

The Supreme Court on Wednesday struck down the reservation for the Maratha community in education and jobs exceeding 50%. The verdict came on a bunch of petitions challenging the 2019 Bombay High Court order that upheld reservation for Marathas in admissions to colleges and in government jobs in the state.

Also read: For how many generations reservations will continue, asks SC

The verdict was pronounced by a five-judge constitution bench headed by Justice Ashok Bhushan. Earlier, on March 26, the top court had reserved its verdict on the pleas.

All about the case:

* On July 9, 2014, the Maharashtra government passed an ordinance granting 16% reservation in education and public employment to the Maratha community.

* This was challenged and in November 2014, the Bombay High Court issued an interim order staying the ordinance’s implementation. A challenge to the interim order was dismissed by the Supreme Court in December, 2014.

* This was followed by the Maharashtra government enacting the Socially and Educationally Backward Classes Act, 2014. This granted 16% reservation to educationally and socially backward classes, among whom the Maratha community was counted.

* On 7 April, 2016 the Bombay High Court again stayed the implementation as it was similar to the earlier  ordinance.

* The government then took the commission route and on January 4, 2017 set up the Maharashtra State Backward Class Commission.

* The Commission, chaired by Justice Gaikwad, recommended 12% and 13% reservation for Marathas in educational institutions and appointments in public services, respectively.

* After this, Maharashtra passed the Socially and Educationally Backward Classes Act, 2018 on November 29, 2018. The Act exceeds the recommended quotas, granting 16% reservation for Marathas in Maharashtra’s state educational institutions and appointments to public service.

* The Act was challenged before the Bombay High Court by three lead petitions, along with several other writ petitions.

* On June 27 2019, the Bombay High Court upheld the constitutional validity of the Act but said the government should not  exceed the Commission’s recommendation of 12% and 13% in education and public employment respectively.

* In July 2019, the HC order was challenged in Supreme Court.

* On May 5, 2021, the Supreme Court struck down reservation for the Maratha community in education/ jobs exceeding 50%.

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