The Supreme Court on Wednesday put interim stay on reservation for Maratha community in government jobs and educational institutions for undergraduate courses in Maharashtra.
A three-judge bench headed by Justice L Nageswara Rao stayed the Maharashtra State reservation for Socially and Educationally Backward Classes Act (SEBC Act) while referring the case to a larger bench to consider larger question of whether reservations in public service and educational institutions can exceed the 50 percent cap laid down by the Supreme Court in its 1992 judgment of Indra Sawhney v. Union of India.
The SEBC Act originally provided 16 percent reservation for Maratha community in educational institutions and government jobs.
The law was challenged before Bombay high court which in June 2019 upheld it’s validity but reduced the quota to 12 percent in educational institutions and 13 percent in jobs.
Appeals were filed before Supreme Court stating that the reservation would lead to breach of the 50 percent cap prescribed by Indra Sawhney.
Maharashtra government had on August 26 asked the court to place the matter before a larger bench considering the fact that it involves determination of substantial legal questions.