SC declines to stay Maratha quota, seeks Maharashtra govt’s response on plea against HC order

Earlier, while justifying giving quota with retrsopective effect, the Devendra Fadnavis led state government argued that the ordinance granting 16 per cent reservation to the Marathas had originally been issued on July 9, 2014 by the previous Congress-NCP regime. But on November 14, 2014, the HC, which was hearing a petition against this ordinance, had stayed it.

Supreme Court issues notice on plea challenging Bombay High Court order upholding Maharashtra law providing quota for Marathas. CJI-led Bench doesn’t stay HC order but clarifies the reservation will not have retrospective effect @IndianExpress

— Ananthakrishnan G (@axidentaljourno) July 12, 2019

The Bombay High Court had upheld the Maharashtra State Reservation (of Seats for Admission in Educational Institutions in the State and for Appointments to the Posts in the Public Services under the State) for Socially and Educationally Backward Category (SEBC) Act, 2018 (SEBC Act) as constitutional. However, the court ruled that the 16 per cent quota granted by the state is not “justifiable” and reduced it to 12 per cent in education and 13 per cent in government jobs, as recommended by Maharashtra State Backward Class Commission (MSBCC).

“We hold and declare that the limit of reservation should not exceed 50 per cent. However, in exceptional circumstances and extraordinary situations, this limit can be crossed subject to availability of quantifiable and contemporaneous data reflecting backwardness, inadequacy of representation and without affecting the efficiency in administration,” the High Court had said.