Supreme Court refuses to stay on Maratha reservation, says there won't be 'retrospective effect'

New Delhi, News Nation Bureau | Updated : 12 July 2019, 11:43 AM
The Maharashtra government had also filed a caveat in the top court anticipating challenge to the verdict passed by the high court. (File Photo)
The Maharashtra government had also filed a caveat in the top court anticipating challenge to the verdict passed by the high court. (File Photo)

The Supreme Court on Friday refused to stay on the Maratha reservation. However, the top court also said that, “we will hear the appeal for quashing of reservation for Maratha for admission in educational institution and government jobs.” The apex court has also issued a notice to the Maharashtra Government on the appeal filed in the Maratha Reservation case. The Supreme Court further said that the Maharashtra state government's decision to grant reservation to Maratha people and Bombay High Court's verdict upholding its decision cannot be implemented with retrospective effect. The order came while the top court was hearing the plea challenging the Bombay High Court's decision to uphold the law by which the Maratha community would get reservation in admissions and government jobs in Maharashtra.

A bench comprising Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Anriuddha Bose took note of the plea that the issue of Maratha quota needed an urgent hearing. The plea was filed in the apex court by Sanjeet Shukla, a representative of an NGO, "Youth for Equality".

It had challenged the Bombay High Court order which upheld the constitutional validity of the quota for the Maratha community in education and government jobs in the state. The plea said the Socially and Educationally Backward Classes (SEBC) Act, which provided a 12 per cent and a 13 per cent quota to the Maratha community in education and jobs respectively, breached the 50 per cent ceiling on reservation fixed by the apex court in its landmark judgment in the Indira Sahwney case, also known as the "Mandal verdict".

The Maharashtra government had also filed a caveat in the top court anticipating challenge to the verdict passed by the high court, saying no ex-parte order should be passed on any plea challenging the June 27 judgment of the high court without hearing the state.

(With agency inputs

First Published: Friday, July 12, 2019 11:31 AM
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