The Apex Court on Friday declined to stay the verdict passed by Bombay High Court upholding the Maratha Reservation in Maharashtra. The Top Court Bench led by Chief Justice Ranjan Gogoi, however, agreed to hear the plea filed against the government’s move giving quota to Maratha community.
The Top Court said, ‘We will hear the appeal for quashing of reservation for Maratha for admission in the educational institution and government jobs’.
During the hearing, the Apex Court further said that the Maharashtra state government’s decision to grant reservation to Maratha people and Bombay High Court’s verdict upholding its decision, ‘can not be implemented with retrospective effect’.
Supreme Court also said that the Maharashtra state government's decision to grant reservation to Maratha people and Bombay High Court's verdict upholding its decision, cannot be implemented with retrospective effect. https://t.co/kM8ETaA2rV
— ANI (@ANI) July 12, 2019
READ: Bombay High Court upholds Maratha reservation; asks govt to cut down from 16% to 12%
Speaking to media after the hearing, Nishant Kanthe, who appeared for the state government, said, ‘The petition tried to press to put a stay on Bombay High Court Verdict however the Apex Court declines to put a stay’.
‘Court clearly stated that the judgment that was very long and well-reasoned judgment and it needs to hear the parties in detail, the stay cannot be granted’, Kanthe informed the media.
He added that the matter will be again heard after two weeks.
However, the Court issued a notice to Maharashtra State Government and directed it to file a reply over the issue.
Last month, the Maharashtra government filed a caveat in the Top Court to ensure that it does not go unheard in case anyone challenges the Bombay high court.
Earlier on June 27, a division bench of the Bombay High Court upheld the Maratha Reservation Bill passed by Maharashtra government last year saying that bill saying that the state is within its right.
However, the court had asserted that reservation for the community should not be 16% and rather it should be cut down to 12- 13 percent as recommended by the backward commission.
BACKGROUND:
Last year in November, the Maharashtra Assembly passed a Maratha Reservation Bill granting 16 percent reservation to the community in jobs and Educational Institutes. Following the decision, Maharashtra was offering 68% quota in government jobs and education to benefit SCs, STs, OBCs, other minor social groups, and Marathas.
However, several petitions were filled in the court – in and against the move. Those who filed the plea against the bill stated that the move will increase the reservation from 52% to 68% which is 18% more than the prescribed limit set by the Supreme Court.
Earlier this year in February, the court heard a clutch of a plea filed by the state government and the petitions filed for and against the reservation move.
The divisional bench comprising Justice Ranjit More and Bharati Danger had on March 26 reserved the judgment after a detailed hearing.
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