Mumbai: The Supreme Court on Monday adjourned the hearing for petitions challenging the constitutional validity of Maratha reservation in jobs and education to 1st September.
The Maharashtra government today informed the Supreme Court that it will not be holding any recruitment till 15th September due to COVID 19. The state government assured the court that it won't take any decision on the recruitment of jobs till 15th September.
The response from the Maharashtra govt came during the hearing of petitions challenging the constitutional validity of Maratha reservation in promotion of jobs and educational institutions.
The bench led by Justice L Nageshwara Rao, Justice Hemant Gupta and Justice S Ravindra Bhat said that first, they will examine on 25th August if the petitions need to be referred to a constitution bench.
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The bench has commenced a hearing of petitions from July 27 on a daily basis which challenges the Bombay High Court's 2019 order upholding the constitutionality of Maratha reservation.
The court was hearing petitions challenging the 2019 Bombay High Court's order which had upheld the Maratha reservation in jobs and education. The petitioners contend that after allowing 12 to 13% more reservation, reservation in education stands at 65% and in jobs it stands at 62%, which is more than the 50% ceiling limit decided by the top court in Indira Sawhney's judgement. In Indra Sawhney case, the Supreme Court had ruled that total reservation for backward classes cannot exceed the 50% mark
After the HC's validation, reservation in education stands at 65% and in jobs, it is at 62%. Moreover, the advocates had argued that the state can not make a law to create a separate class 'maratha' as socially and economically backward, as this power lies with the Central government.
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On 15th July, while hearing the petitions, judges had said that they will hear the matter on a daily basis and the advocates should decide on how much time will they take each to argue. The apex court will also hear a petition challenging admission to postgraduate medical and dental courses under the quota in the state.
