A petition challenging the constitutional validity of both The Maharashtra State Commission for Backward Classes Act, 2005, as well as the Maharashtra State Reservation (of seats for admission in education institutions in the state and for appointments in public services and posts under the state) for Socially and Educationally Backward Classes (MSEBC) Act, 2018 has been filed in the Bombay High Court.
The MSEBC Act which granted a quota of 16% reservation for Marathas in government employment and state education was passed late last year, thereby increasing the total percentage of reservation in the state from 52% to 68%.
A petition has now been filed by Mr. Sayeed Imtiaz Jaleel, an MLA belonging to the All India Majlis-e-ittihad-ul Muslimeen (AIMM). Apart from challenging the constitutional validity of the two Acts, the petitionit also challenges the State Government's failure to heed to the recommendations provided in the Maharashtra State Minority Commission Report, which was issued in 2011.
Interestingly, this is not the first time a petition has been filed with respect to Maratha reservations. Back in 2014, the Bombay High Court had allowed a PIL challenging a similar provision granting 16% reservation for Marathas and 5 % for Muslims belonging to 52 different communities. The Bombay High Court had stayed this reservation on several grounds, including the fact that it wasn't adequately proven that the Marathas were a backward class, and that this quota would cause the total Maharashtra reservation to overshoot the 50% reservation cap allotted by the Supreme Court, though this was set aside by the Court in 2016.
Some of the central grounds for the present petition are:
The petitioner therefore prays:
Read the Petition Here