A new three judge bench of the Bombay High Court will commence hearing afresh petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which provides for 10% to the Maratha Community in education and public service in the State.

The new full-bench will now be headed by Justice Makarand Karnik along with Justice Nizamoodin Jamadar and Justice Sandeep Marne being the other members of the bench. This will be the third bench which would commence hearing the arguments in the case, after earlier two full benches could not complete the hearings.

Notably, the 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, which clarified on Friday that it will commence fresh hearing in the case from October 9.

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 (retired) Sunil B. 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 (Mandal) 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.