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The Bombay High Court on November 5, refused to conduct 'day-to-day' hearings in the bunch of petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10% quota to the Maratha Community in education and public service in the State.

A full bench headed by Justice Makarand Karnik opined that the matter was being heard at regular intervals, and thus did not find any need to conduct day-to-day hearings in the case, as urged by some of the parties. 

"We have given anxious consideration to the request made by the Applicants for day to day hearing of the matters. Every possible endeavour is being made to give priority hearing to the PIL and other connected matters. Hearing is on going. A fixed session for hearing of the matters is being assigned at regular intervals due regard being had to the work load in respect of the extant regular assignment. Since the matters are being heard on a regular basis, we are not inclined to accede to the request of the Applicants for a day to day hearing," the bench also comprising of Justice Nijamoodin Jamadar and Justice Sandeep Marne, said.

Notably, this bench was constituted recently in September after it was substantially heard by two different three-judge benches.

These clutch of petitions, both for and against the Maratha Reservation, were earlier being heard by a full bench of (then) Chief Justice Devendra Upadhyay, Justice Girish Kulkarni & Justice Firdosh Pooniwalla. However, with the transfer of CJ Upadhyay to the Delhi High Court, the said full bench could no more hear the said petitions.

Therefore, a new full bench was then constituted under Justice Ravindra Ghuge, which had heard the matter substantially from May 2025 till August this year. However, Justice Ghuge too got elevated as the Chief Justice of the Calcutta High Court and the matter could not then proceed.

Therefore, a new bench under Justice Karnik has now been constituted.
It would also not be out of place to mention 
that this matter has been heard four times by this new bench under Justice Karnik since September 18. It has already heard submissions of senior advocate Arvind Datar for one of the petitioners challenging the quota. It is presently hearing senior lawyer Pradeep Sancheti who too is arguing against the Maratha reservation.
Hearing in the matter would continue on November 27.

What Is The Maratha Reservation Quota All About?

The Impugned Act was passed by the legislature on February 20, 2024, and notified on February 26, 2024, by the state government based on a report from Justice (retd.) Sunil Shukre-led Maharashtra State Backward Class Commission (MSBCC). The report cited "exceptional circumstances and extraordinary situations" as justification for granting reservation to the Maratha community, exceeding the 50% total reservation limit.

An Advocate had previously approached the Bombay High Court challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted by the 2018 Devendra Fadnavis-led government. This law granted Marathas 16% reservation in government jobs and education.

While the Bombay High Court upheld the 2018 law in June 2019, it deemed the 16% quota unjustifiable and reduced it to 12% in education and 13% in government jobs. Patil and others challenged this verdict in the Supreme Court.

In May 2021, the Constitution bench of the apex court struck down the SEBC Act, 2018, stating that no extraordinary circumstances justified the separate reservation for Marathas, which exceeded the 50% ceiling limit mandated by the 1992 Indra Sawhney judgment. The Supreme Court also questioned the empirical data submitted to establish Marathas' social backwardness.

The Maharashtra government filed a review petition, which was rejected in April 2023. Subsequently, a curative petition was filed, which is currently pending before the apex court.

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