The Supreme Court on Thursday declined to interfere with a Bombay High Court order which stayed the Maharashtra government’s decision providing 16 per cent reservation to Marathas in jobs and educational institutions.
A bench presided over by Chief Justice H L Dattu pointed out that it was just an interim order passed by the high court which would be taking up the matter for further consideration on January 5.
“What is questioned here is only an interim order. We decline to entertain the special leave petition. We direct the high court to dispose of the matter expeditiously,” the bench said.
Attorney General Mukul Rohatgi contended before the court that an extraordinary case of stay was made out in the instant case as the high court, through an interim measure, passed a detailed order against the move initiated for the welfare of the people of the state. “This is a sensitive issue as the people vying for jobs and admission are denied the benefit,” he pleaded.
The court, however, refused to entertain the plea saying what may be going into the mind of the judges at the high court could be known only in the final judgment.
To this, the AG contended that the apex court took a practical view of the situation as the state government would be forced to approach the apex court again. The bench, however, remained unmoved.
The high court had stayed the controversial decision of the previous Congress-NCP government in Maharashtra announced ahead of the Assembly elections. The high court noted that the state government had raised the reservation to 73 per cent, exceeding the 50 per cent ceiling put by the apex court.
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