Bombay HC to hear pleas challenging Maratha quota Act on April 10

Multiple petitions have challenged the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, under which 10 per cent reservation was granted to the Maratha community in government jobs and education.

On Tuesday, the division bench of Chief Justice D K Upadhyaya and Justice Arif Doctor said that it will hear the petitions on interim relief after due weightage has been given to all arguments since it is a legislative enactment and not a simple administrative order.

The court said that in matters challenging the constitutional validity of a legislative enactment, there is a principle of presumed constitutionality.

It granted the state government time to respond to the plea of interim relief.

On March 8, a separate bench had said that the applications for NEET 2024 for admission to undergraduate medical courses, wherein a 10 per cent reservation granted to members of the Maratha community is applicable, will be subject to further orders passed on proceedings related to pleas challenging the Act.

The petitions have raised the question of the constitutionality of the Act stating that in the past, the Supreme Court has struck down reservations for the Maratha community.

The petitions also raised concerns over exceeding the 50 per cent cap for reservation for all states.