After SC directive, Bombay High Court constitutes new 3-judge bench to hear pleas against Maratha reservation

While the petitioners had concluded their arguments, submissions by the state government and its authorities were not completed.

The new bench is likely to hear the pleas again and will also consider the issue of granting interim relief in due course.

Justice Upadhyaya was a part of a full or three-judge bench, which had been hearing since April 2024 pleas against the Socially and Educationally Backward Class (SEBC) Act that provided 10 per cent reservation in education and government jobs to the Maratha community that constitutes nearly one-third of Maharashtra’s population. The petitioners’ arguments had concluded on October 14, 2024.

The 2024 law had been at the forefront of political discourse last year during the Lok Sabha and Assembly elections.

On Tuesday, the Supreme Court bench of Justices B R Gavai (who assumed office as the Chief Justice of India on Wednesday) and Augustine George Masih had passed and order on plea by students appearing for National Eligibility cum Entrance Test (NEET) undergraduate and postgraduate exams of 2025.

The apex court noted that similar challenges to the law were pending before the high court. It directed Bombay High Court Chief Justice Alok Aradhe to constitute a new bench to hear the pleas in an expedited manner.

The Supreme Court also directed the high court to consider the issue of interim relief as raised by the petitioner students at the earliest.

The Maratha reservation law passed on February 20, 2024 was formulated by the then chief minister Eknath Shinde-led government based on a report of the Justice Sunil B Shukre (retd)-led Maharashtra State Backward Class Commission (MSBCC) that found “exceptional circumstances and extraordinary situations exist” to grant reservation to Maratha community in excess of 50 per cent total reservation in the state.

The petitions also challenged Justice Shukre’s appointment and the state government’s decision to implement the panel’s report.

On April 16, 2024, the previous full bench led by the then Chief Justice Upadhyaya had clarified that till further orders, any applications for admissions to educational institutions or jobs at government authorities taking benefit of the impugned Act will be subject to further orders in the present proceedings.