A division bench directed the state government to file an affidavit in response to the petitions seeking an interim relief on implementation of the recently enacted law granting a separate 10 per cent quota in jobs and education to the Maratha community.
The Bombay High Court on Tuesday said it will on April 10 hear petitions seeking an interim stay on the Maharashtra government's move to grant reservation to the Marathas, saying the decision is rooted in a legislation and not an administrative order, and the state needs time to respond to the pleas.
A division bench directed the state government to file an affidavit in response to the petitions seeking an interim relief on implementation of the recently enacted law granting a separate 10 per cent quota in jobs and education to the Maratha community.
The bench of Chief Justice D K Upadhyaya and Justice Arif Doctor was hearing a bunch of petitions challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, under which 10 per cent reservation was granted to the community in government jobs and education. The quota enabling Bill was passed in a special session of the state legislature last month.
The petitioners on Tuesday sought the court to grant an interim stay on implementation of the Act pending final hearing and disposal of their pleas.
The bench, however, noted that in matters challenging constitutional validity of a legislation, there is a principle of presumed constitutionality and hence due weightage has to be given to all arguments.
"It (quota decision) is not a simple administrative order. It is a legislation. Hence, we have to keep in mind the principles laid down while hearing pleas challenging constitutional validity of the legislation. There is a principle of presumed constitutionality. This is a legislative enactment, we will have to give due weightage to all arguments. We want to give the state sometime to respond on the interim relief," the HC said.
The HC pointed out that a coordinate bench last week, while hearing some of these petitions, in an ad-interim order said any admission given or employment made under the new Maratha quota law would be subject to final orders of this court on the petitions.
"This is a clear warning/indication/notice to the candidates seeking admission or employment under the Act. We will hear all the petitions on grant of interim relief," the bench said.
The court directed the Maharashtra government to file an affidavit in response to the petitions and said, "We will hear the pleas on April 10 on the issue of grant of interim relief."
The petitioners have argued that in the past the Supreme Court had struck down reservation for members of the Maratha community.
One of the petitioners, Gunaratan Sadavarte, a lawyer, said with the new Maratha quota law, the percentage of reservation in Maharashtra in jobs and educational institutes has gone up to 72 per cent, leaving only 28 per cent for general category candidates.
Senior counsel Arvind Datar, appearing for another petitioner, argued there was a cap of 50 per cent for reservation for all states.
"All states are following this 50 per cent cap. But the Maharashtra government has exceeded it. The implementation of the Act has to be stayed pending decision on its validity," Datar submitted.