NEET Applications Availing 10% Maratha Quota Subject To HC Orders In Pleas Challenging Maratha Reservation: Bombay High Court

The Bombay High Court held today that any applications received under the advertisement for NEET exam or similar advertisements availing Maratha quota would be subject to further HC orders on petitions challenging the reservation.

The court directed that the candidates should be informed of the orders passed by it in petitions against the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 which grants 10% reservation to the Maratha community in jobs and education.

A division bench of Justice GS Kulkarni and Justice Firdosh P Pooniwalla deferred the hearing of a batch of petitions challenging the Act to March 12, 2024 for interim relief.

"in the meantime it would be in the interest of the justice that, if any applications are received under the advertisement dated 9th February 2024 or any other similar advertisements taking benefit of the impugned Act, the same shall be subject to further orders to be passed on these proceedings, on the adjourned date of hearing", said the court.

The Act was passed in the legislature on February 20, 2024, and notified on February 26, 2024, by the state government based on a report from the 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 percent total reservation limit in the state.

The writ petitions filed by advocate Jaishri Laxmanrao Patil and others challenge the legality of former Bombay HC judge Justice Shukre's appointment as MSBCC chairperson, asserting that it contravened the law and should be annulled. The petitioners have sought an interim stay on the implementation of the law pending disposal of the petitions. They have also sought that no advertisements for SEBC category reservations for jobs and educational courses be issued until the matter is resolved.

During the hearing, Advocate General Dr. Birendra Saraf made an oral submission regarding a PIL challenging the same Act, which was recently moved before the Division Bench led by Chief Justice Devendra Upadhyaya. He informed the court that the State had submitted a request to club the present batch of petitions with the PIL. In light of this development, Saraf sought an adjournment until appropriate orders were passed by Chief Justice Upadhyaya on the administrative side regarding the clubbing of the matters.

However, the petitioners cited urgency for interim reliefs, highlighting the imminent deadline for applications under an advertisement dated February 9, 2024, related to the National Eligibility-cum-Entrance Test (NEET) 2024. They expressed concern that delaying interim orders could adversely affect students applying under the advertisement.

Given the administrative request to consolidate the matters and the urgency expressed by the petitioners, the court deferred the hearing for interim reliefs to March 12, 2024, subject to orders by the Chief Justice.

The petitioners have also sought a copy of the MSBCC report. Saraf stated that he would respond to this prayer after taking instructions from the state.

Intervention applications were also filed during the proceedings. The petitioners expressed no objections to these interventions, and all intervention applications were allowed. The court directed the petitioners to serve copies of the petitions on the advocates representing the interveners as well as caveators.

The matter was adjourned to March 12, 2024, pending orders from the Chief Justice.

Advocate Jaishri Patil had previously approached the 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 percent reservation in government jobs and education.

While the Bombay High Court upheld the 2018 law in June 2019, it deemed the 16 percent quota unjustifiable and reduced it to 12 percent in education and 13 percent 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 percent 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.

Case no. – Writ Petition No. 3468 of 2024

Case Title – Dr. Jaishri Laxmanrao Patil & Ors. v. Chief Minister, State Of Maharashtra & Ors

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