Maratha reservation: Supreme Court seeks response from all states on 50% cap, next hearing on March 15

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New Delhi: The Supreme Court on Monday (March 8) issued notices to all the state governments seeking their response on whether reservation could be allowed beyond the 50 percent limit. The apex court was hearing a plea on validity of maratha reservation and stated that this decision will have greater ramifications, which lead to the above decision.

As per the ANI report, the court will recommence the day-to-day hearing in the matter on March 15.

Earlier on February 5, the Bench consisting of Attorney General K K Venugopal, Justices L Nageswara Rao, Abdul Nazeer, Hemant Gupta, and S Ravindra Bhat, had decided to commence and finish the hearing on March 8.

This case stems from the petitions by Jaishri Laxmanrao Patil of Mumbai, who challenged the Bombay High Court’s decision of lowering the Maratha community percentage of a reservation in government jobs and higher education.

Back June 2019, the Bombay High Court had upheld the state order and deemed 16 percent reservation as unjustifiable. Following this, the reservation was reduced to 13 percent in higher education and 12 percent in employment, as recommended by the State Backward Classes Commission. 

The Constitution’s 102nd amendment stipulates that the reservation can only be granted, if a particular community is named in the list prepared by the President.

Additionally, the High Court had held that the 50 percent cap put in place by the apex court can be exceeded in exceptional cases, like with accepting that the Maratha community was socially and educationally backward, and it was duty-bound to take steps for its progress.

In July last year, the Maharashtra state government had stated in the court that it would not proceed with the recruitment process to fill up the vacancies on the basis of 12 percent Maratha reservation till September 15, except for departments, Public Health and Medical Education and Research.