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A Special Leave Petition was filed in the Supreme Court by an NGO ‘Youth For Equality’ challenging the verdict given by the Bombay High Court on Maratha Quota under the Maratha Reservation Act (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)) passed by the State Legislative Assembly on November 29, 2018 granting reservation for Marathas. The Division Bench of Justies Ranjit More and Bharati Dangre held that 16% reservation is not justifiable and ruled that reservation should not exceed 12% in employment and 13% in education as recommended by Backward Commission. The petitioners have claimed that Maratha quota breached the 50-per cent ceiling on reservation fixed by the apex court in "full defiance" of the constitutional principles of equality and rule of law. It also claimed that the framing of the SEBC Act for Marathas was done under "political pressure" and in "full defiance" of the constitutional principles, and the high court overlooked the fact that Marathas occupied 40 per cent of the government jobs available in the open category. It is also evident that the Maharashtra government has made a mockery of the rule of law. It has also used its constitutional powers arbitrarily and purely for political gains. It said that the SEBC Act was "unconstitutional" for violating the Bombay High Court's 2015 order without removing its basis and according to the 102nd amendment to the Constitution, reservation can be granted only if a particular community is named in the list prepared by the President. The CJI-led bench has agreed to hear on July 12.
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