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Supreme Court strikes down Maratha Reservation law for exceeding 50 percent cap

(*50*)

On Wednesday, May 5, the Supreme Court struck down the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018 which extends reservation to the Maratha neighborhood in public schooling and employment (Jaishri Laxmanrao Patil v. Chief Minister).

Moreover, the apex courtroom added that there have been no extraordinary circumstances to grant reservation to the Maratha neighborhood over and above the 50 per cent ceiling on reservation prescribed by the Supreme Court in its 1992 judgment in Indra Sawhney v. Union of India.

The case had already been heard at size earlier and a request was made to rethink granting greater than 50 per cent reservation. Following the listening to, which started on March 15, the courtroom reserved its resolution on March 26. Meanwhile, the Center had taken a stand that the reservation was legitimate.

In the previous, again in June 2019, the Bombay High Court had objected to 16 per cent granting reservation to the Maratha neighborhood. The courtroom had noticed that there needs to be no reservation of greater than 12 per cent in jobs and not more than 13 per cent in admissions.

However, on March 8, 2021, the apex courtroom determined to listen to all States within the matter, after Senior Counsel Mukul Rohtagi, Kapil Sibal and Dr AM Singhvi contended that the case includes a problem that impacts all states since any judgment within the matter might influence the powers of the state to increase reservation to socially and educationally backward courses.

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