Bombay High Court constitutes new bench to hear Maratha reservation challenge

The Bombay High Court on Thursday constituted a new full bench to hear and decide a batch of petitions challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, which grants 10% reservation to the Maratha community in education and public employment..According to a notification issued on Thursday, the full bench will comprise Justices Ravindra Ghuge, NJ Jamadar and Sandeep Marne. The Bench will hear Public Interest Litigation (PILs) and civil writ petitions concerning the validity and implementation of the SEBC Act, 2024..This development comes a day after the Supreme Court on May 14 directed the Chief Justice of the Bombay High Court to urgently constitute a bench to hear the matter.A bench headed by Chief Justice of India B R Gavai issued the direction while hearing a writ petition filed by National Eligibility-cum-Entrance Test (NEET) 2025 aspirants challenging the implementation of the 10% Maratha quota, citing academic urgency and disruption in the admission process.The Supreme Court noted that while it would not entertain the petition on merits, given that similar challenges are already pending before the Bombay High Court, the issue of interim relief must be considered without delay due to its wide-reaching impact on students currently undergoing the admission process..The SEBC Act, 2024 is the second legislative attempt by the Maharashtra government to provide reservation for the Maratha community. A similar statute—the SEBC Act of 2018—had previously been enacted to provide 16% reservation in education and public employment. That law was challenged before the Bombay High Court in a batch of petitions filed in December 2018. The High Court upheld the constitutional validity of the Act on June 27, 2019, but read down the quantum of reservation to 12% in education and 13% in jobs.Subsequently, in May 2021, a five-judge Constitution Bench of the Supreme Court struck down the 2018 Act, holding that the Maratha community could not be classified as socially and educationally backward. A review petition filed by the State of Maharashtra was dismissed in April 2023. Subsequent to the Supreme Court's ruling, the Maharashtra legislature enacted a fresh SEBC law in 2024. The legislation was introduced by the then Eknath Shinde-led government and was based on the recommendations of the Justice Sunil B Shukre-led Maharashtra State Backward Class Commission (MSBCC). The Commission had concluded that “exceptional circumstances and extraordinary situations exist” justifying the grant of reservation to the Maratha community..The challenge to the SEBC Act has been pending before the Bombay High Court for over a year. A previous full bench comprising then Chief Justice DK Upadhyaya and Justices GS Kulkarni and Firdosh P Pooniwalla had heard the matter extensively, with petitioners’ arguments concluding in October 2024. Advocate General of Maharashtra Birendra Saraf began arguing the State’s reply in November 2024. The matter was scheduled for hearings in December and January, but was adjourned multiple times. Following Chief Justice Upadhyaya's transfer to the Delhi High Court in January 2025, the case remained in limbo, with no fresh bench constituted, until now.The Maratha reservation law, enacted in 2024, had been a major issue during the Lok Sabha and Assembly elections, with political parties across the spectrum voicing support or raising concerns. The Maratha community, which forms nearly one-third of Maharashtra’s population, has long demanded reservation in jobs and education..[Read Notice]