SC refuses to stay implementation of order providing reservation for Marathas
The bench observed that the Maharashtra government had on 4 May said no regular appointments were being made at the moment given the pandemic
NEW DELHI: The Supreme Court on Monday refused to stay the implementation of a Maharashtra government order providing reservation for the Maratha community in government jobs and education.
An apex court bench, headed by Justice L Nageshwara Rao, observed that the Maharashtra government had said on 4 May that no regular appointments were being made at the moment given the pandemic. The bench also refused to intervene in post graduate medical admission process, due on 31 July, but said it will look into the undergraduate exams due on 30 September 30.
The Maharashtra government on Monday submitted that no job appointments, with respect to Maratha reservation, will be made till 15 till September, since the matter is pending in the apex court.
The top court said it will next hear the case on 25 August and decide whether it should be referred to a constitution bench. Once that is decided, the court will hear the case on merits from 1 September.
The Bombay high court in June last year had upheld a state government law, providing reservation for Marathas in education and jobs. The high court, however, capped the quota at 12% in education and 13% in jobs.
Upholding the legality of the state government law passed unanimously by both houses of the state legislature in November 2018, the high court bench comprising Justices Bharti Dangre and Ranjit More had ruled that a state government was well within its rights to raise the quantum of quota beyond the Supreme Court-mandated 50% under “extraordinary and exceptional circumstances".
With 12% quota in education and 13% in government jobs for Marathas, the total reservation in Maharashtra in the two sectors is 64% and 65% respectively.
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