New Delhi: The Supreme Court has rejected the review petition filed by the Maharashtra government that challenged the apex court's decision to declare that granting reservation to Marathas is unconstitutional. The bench comprising Justice MR Shah, Justice Sanjiv Khanna, Justice BR Gavai, Justice S Ravindra Bhat, and Justice V Ramasubramanian passed the orders in their chambers on April 11 and that was out on April 21. "Having carefully gone through the review petitions, the judgement under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record, warranting reconsideration of the judgement impugned," ordered the court.
On May 5, 2021, the five-judge bench comprising now retired Justice Ashok Bhushan had unanimously set aside the Maharashtra State Reservation for socially and educationally backward classes (SEBC) acting on the ground that it breached the 50% quota for reservation rule and their was no extraordinary circumstance for the breach to be allowed. It had observed that the community was not backward either socially or educationally and the principle of the right to equality would be violated if they are provided reservation. It had also rejected the prayer to revisit the Mandal verdict that had put the cap at 50% in the reservation. The court had observed that changing the 50% rule would mean that society is not based on equality, but rather on caste rule.
The judgement was passed on a batch of petitions that had challenged the Bombay High Court order, which had upheld the reservation for Marathas in educational institutions and government jobs. The state had filed the review plea against the top court's judgement in 2022 and wanted an open court hearing, but the order was passed in chambers on April 11. After the order was out, Maharashtra Chief Minister Eknath Shinde held a meeting and decided to file a curative petition in the top court. The state has also decided to set up a commission to carry out a survey to establish the community's backwardness.
