SC to consider validity of Maratha quota in January

The Supreme Court on Tuesday decided to consider validity of quota for the Maratha community in jobs and education in Maharashtra, in January, next year.

A bench of Chief Justice S A Bobde and Justices Sanjiv Khanna and Surya Kant deferred consideration of a batch of matters questioning the Bombay HC's order, after it was pointed out that pleadings were not complete.

Pleadings get completed in a matter after filing of counter affidavits and rejoinders by the parties.

During the brief hearing, senior advocate Arvind Datar, representing the petitioners, said the matter should be taken up early as notification for admissions to medical and engineering courses would begin be issued soon.

A counsel contended, despite the apex court's order that the quota would not be applied retroactively, the state government was taking coercive actions including terminating services of some of the employees.

Senior advocate Mukul Rohatgi, appearing for the Maharashtra government, submitted that a government order was issued in this regard, which has been separately challenged before the High Court. On this, the court asked the counsel to file a proper application for its consideration.

The top court had on July 12 refused to stay the Bombay High Court judgement, which gave its stamp of approval to the quota for the Maratha community in jobs and education in Maharashtra.

The court, however, had then ordered that the Maratha reservation in jobs and education can't be applied with retrospective effect. The court directed the orders passed by the state government, following the HC verdict of June 27, for applying the quota since 2014 would be subject to the outcome of challenge to it.

The court had then issued notice to the Maharashtra government on petitions challenging the high court's judgement. The High Court, in its June 27 order, said the 50 % cap on reservation imposed by the apex court could be exceeded only in exceptional circumstances. It said a 12 and a 13 % quota to the Maratha community in education and jobs respectively could be allowed.

It was contended that the decision had breached the 50 % ceiling on reservation fixed by the apex court in its landmark judgment by the nine-judge bench in the 'Indra Sahwney' case (1992), also known as the "Mandal verdict".