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Supreme Court refutes stay on Maratha reservation:
The matter regarding Maratha's reservation was first coined when the Socially and Educationally Backward Classes (SEBC) Act, 2018 had a provision in its section 4 which grants 16% reservation to Maratha community in education as well as public service.
This was challenged in the Bombay high court because this was beyond the 50 % cap of reservation which was set out by the constitutional bench of Supreme Court in Indra Sawhney v. Union of India, 1992 Supp (3) SCC 217 case. However, in exceptional conditions, this mark can be exceeded.
The argument against the Socially and Educationally Backward Classes (SEBC) Act, 2018 for 16% stated that it was constitutionally invalid and the above-mentioned percentage and amounted to a total of 68% reservation thus exceeding the 50% criteria.
The government on this stated that the Maratha community is a minor community that needed this reservation and stated the increase in the number of suicides due to indebtedness and unemployment of backward classes.
After this judgment and according to the Bombay high court which stated that the percentage of 50 should not be exceeded, the Socially and Educationally Backward Classes (SEBC) Act, 2018 amended its section 4 from 16% to 12% in education and 13 % reservation in public service in Maharashtra.
The judgment of the Bombay high court has been challenged in the Supreme Court. On which the Supreme Court stated to conduct day to day final hearing from 27th July 2020.
On 27th July 2020, the Supreme Court refused the plea to pass interim orders on Maratha reservation till 1st September 2020 as there won’t be any recruitment till 15th Septmenber2020 which was assured by the state government due to the pandemic situation. This Supreme Court judgment was led by the bench of Justices L Nageswara Rao, Hemant Gupta, and S Ravindra Bhat. As per this judgment on 25th August 2020, they will consider whether this matter is to be referred to the constitutional bench and the next hearing is set out on 1st September 2020.
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