Supreme Court posts for January 25 hearing on pleas against Maratha reservation – education

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The Supreme Court on Wednesday posted for January 25, 2021, the hearing of petitions challenging the constitutional validity of a Maharashtra law that grants reservation to the Maratha community in education and jobs.

A five-judge Charter bench of the apex court, comprising of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and Ravindra Bhat, also asked Attorney General KK Venugopal to assist the court on the issue.

“We are of the view that issues raised in these Civil appeals and consequence, which follows is essential that civil appeals be heard in spite of everything and concluded as early as imaginable,” the bench said while posting the matter for further hearing on January 25.

The bench was once hearing two appeals, including one filed by J Laxman Rao Patil challenging the Bombay High Court order that upheld the constitutional validity of the quota for the Maratha community in education and government jobs in Maharashtra.

The petitioner has earlier sought a stay on the High Court order as the reservation of a complete 65 per cent in education and 62 per cent in jobs, exceeded the 50 per cent cap in complete reservation.

The Bombay High Court had on June 27, 2019, said the 50 per cent cap on complete reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.

Another appeal filed by advocate Sanjeet Shukla, a representative of “Youth for Equality”, said the Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted to grant reservation to the Maratha community people in jobs and education, breached the 50-per cent ceiling on reservation constant by the top court in its judgment in the Indira Sawhney case.

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