The Supreme Court today quashed the reservation in government jobs and educational institutions for the Maratha community brought by Maharashtra in 2018, saying it is higher than the 50 per cent cap imposed earlier.
A five-judge bench examining the constitutional validity of the 16 per cent reservation brought by the former BJP government in Maharashtra said the move violated equality. The bench consisted of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazer, Hemant Gupta and S Bindra Bhat.
However, it has been said that all admissions due to post-graduate medical courses and appointments already made under the new quota law will not bother the ruler of today.
The constitution bench also said that in the 1992 mandate decision there is no need to reissue the 50 per cent cap on reservation imposed by the Supreme Court.
In 2018, the BJP government in Maharashtra passed the Socially and Educationally Backward Classes (SEBC) Act which provided 16 percent reservation to the Maratha community.
The quota was upheld by the Bombay High Court in 2019, while hearing a petition arguing the Maharashtra government’s decision to provide “permanent Baisakhi” to the Maratha community. The Supreme Court stayed the Bombay High Court ruling last year.
The petitioners stated that the quota was unconstitutional because, with it, the state’s total reservation was more than 50 percent.
The Center, which supported the Maratha quota, argued that states could give reservations and that the decision is constitutional.
“If there is no 50 percent or no limit, as you are suggesting, then what is the concept of equality. We have to deal with it eventually. What is your reflection on that … what about the resulting inequality?” How many generations will you continue? “In March this year, the bench told the Center.
The court reserved its verdict last month.