Pleas challenge 10% Maratha quota law: Applications for NEET-UG courses subject to further orders, says Bombay HC

The parents challenged the law stating that it will reduce open category seats and have an adverse impact on their wards. The pleas sought urgent interim relief to stay the SEBC law and no admission to be granted under the same pending their pleas, stating that the last date to apply for NEET 2024 was Saturday, March 9.

Representing aggrieved parents, senior advocate Pradeep Sancheti and advocate Ashwin Deshpande argued that urgent interim reliefs be granted in their pleas as the last date for submission of applications under an advertisement issued on February 9 inviting online application forms for the National Eligibility-cum-Entrance Test (NEET (UG) 2024 exam was Saturday, March 9. The lawyers contended that it must not entail an adverse or irreparable situation to students applying for the exam.

Representing the state government, Advocate General Birendra Saraf informed the bench that on Thursday, March 7, a bench led by Chief Justice Devendra Kumar Upadhyaya had issued a notice to the state government seeking its reply to a PIL by a Pune-based social activist challenging the SEBC Act, 2024 for jobs and education.

Saraf added that no interim reliefs were made in the said proceedings and that an application was moved by state the government to the HC registry to club all petitions challenging the law along with the PIL to be heard by a CJ Upadhyaya-led bench.

Justice Kulkarni deferred the hearing in interim pleas before him to March 12, subject to orders to be passed by the CJ Upadhyaya-led bench regarding clubbing a batch of pleas against the Maratha law.

“However, considering the submissions made before us and without delving on the merits of the matter, we are of the opinion that in the meantime it would be in the interest of the justice that, if any applications are received under the February 9 advertisement or any other similar advertisements taking benefit of the impugned Act, the same shall be subject to further orders to be passed on these proceedings, on the adjourned date of hearing. The candidates who would apply be accordingly informed of the orders passed by this Court,” the bench noted in its order.

AG Saraf stated that he will take instructions from concerned officials and respond to prayer of the petitioners seeking a copy of the report of the Maharashtra State Backward Class Commission (MSBCC), led by retired Justice Sunil B Shukre, recommending reservation to the Maratha community.