Jobs, Admissions Subject To Outcome Of Pleas Challenging Maharashtra Reservation Act: Bombay High Court

A full bench of Chief Justice Devendra Kumar Upadhyaya, Justice GS Kulkarni, and Justice Firdosh P Pooniwalla adjourned to June 13, 2024 a batch of PILs and writ petitions challenging the reservation.

“if any applications are made pursuant to the advertisement dated 9th February 2024 for admission to undergraduate medicine courses on the basis of [NEET (UG)], 2024 or pursuant to any other such advertisement for making admission to any other educational courses where applicants seek benefit of the impugned enactment, participation of such candidates/applicants shall be subject to further orders which may be passed in these petitions”, said the court.

Similarly, any advertisements made post-enactment for recruitment in public employment would also be subject to further court orders, the court held.

“in case any advertisement has been made after promulgation of the impugned enactment for making any recruitment/appointment in public employment in connection with the affairs of the State, other State instrumentalities and State public undertakings/enterprises, the same shall also be subject to further orders which may be passed in these petitions”

The court directed the authorities to inform all participating candidates of this order.

On Monday, the court dismissed an interim application by the PIL petitioner seeking recusal of Justice GC Kulkarni from the bench, emphasizing that the current case is a 'class action' with broader implications than the individual dispute involving an intervenor in which Justice Kulkarni had recused himself cited in the application.

The petitions challenge the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, which grants 10% reservation to the Maratha community in jobs and education.

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 petitions challenge the legality of Justice Shukre's appointment as MSBCC chairperson. The petitioners have also argued that reservation in excess of 50 percent cannot be granted without constitutional amendment, the law was passed without debate in the Assembly, and there are inherent flaws in findings of the MSBCC report.

On March 8, 2024, a division bench of the court issued an interim order. It stipulated that any applications received under the advertisement dated February 9, 2024, for NEET (UG) 2024 or similar advertisements seeking benefits under the impugned Act would be subject to further court orders.

Subsequently, all PILs and writ petitions were clubbed together and heard on March 12, 2024, by another division bench led by the Chief Justice. The matter was scheduled for further hearing on April 10, 2024, before the full bench, as directed by the Chief Justice.

Counsels for some of the petitioners completed their arguments by April 16, 2024. Some additional arguments are yet to be made by other counsel for the petitioners, the court noted. Further, arguments are to be presented by Advocate General Birendra Saraf for the State and other counsels representing various interveners.

The court adjourned the matter to June 13, 2024, at 2:30 pm for further arguments.

The court directed the State and interveners to file their respective affidavits in reply within three weeks, after serving copies to the petitioners' counsel. Petitioners can file rejoinders within two weeks thereafter.

Case no. – Public Interest Litigation No. 30 of 2024

Case Title – Bhausaheb Bhujangrao Pawar v. State of Maharashtra