SC: No interim stay on Maratha quota in PG medical admissions

In a relief for the Maratha community as well as the Maharashtra government, the Supreme Court on Wednesday did not grant interim stay on reservation benefits while

In a relief for the Maratha community as well as the Maharashtra government, the Supreme Court on Wednesday did not grant interim stay on reservation benefits while taking admission to postgraduate medical courses for this academic year.

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The Apex court also decided to hold hearing on day-to-day basis from July 27 on petitions challenging the constitutional validity of the law granting reservation to the community.

The three-judge bench led by Justice L Nageswara Rao heard a batch of petitions, including one challenging reservation benefits to postgraduate medical students from the Maratha community in admission for this academic year.

The court said hearings of the matter through physical appearance is not possible considering the pandemic outbreak and asked all parties to start virtual hearings. It added that the hearings will take place on July 27, 28 and 29 and both the parties will get equal time to make arguments. The court also asked them not to repeat their arguments.

This came after senior advocate Shyam Divan, appearing for one of the petitioners, said that such matters need to be heard in a physical court arguing that around 12% to 13% seats have already been reserved for the quota.

Another advocate, Shivaji Jadhav, told the court that virtual hearing is not possible considering the compilation of thousands of pages of matter in the case.

Senior advocate Kapil Sibal, representing an intervener supporting the reservation, said the hearings can be completed in four weeks.

Public works department (PWD) minister Ashok Chavan, who is heading a cabinet sub-committee to review progress of legal matters for Maratha reservation and take decisions, said it is a relief for the students as the Apex court again refused to grant a stay on the law for reservation.

“The petitioners have been insisting for interim stay on reservation benefits to postgraduate medical students from the Maratha community which the apex court has refused to grant. It is a satisfactory development for the state as the students who got admissions under reservation will not have to face trouble,” Chavan said.

During regular hearings, senior counsels Mukul Rohatgi and Paramjit Singh Patwalia will appear on behalf of the state while senior counsels such as Kapil Sibbal and Rafiq Dada will argue in favour of intervener supporting the reservation

The erstwhile BJP-led state government, in November 2018, granted 16% reservation to Maratha community, by enacting the Socially and Educationally Backward Classes Act, in government jobs and education. In June 2019, the Bombay high court upheld he move but said the quantum of 16% reservation was not justifiable, and suggested that it be reduced to 12%-13% as recommended by the State Backward Classes Commission.

Later, the decision was challenged in the Supreme Court. On February 5, the SC, while hearing a bunch of petitions against Maratha reservation, refused to stay the high court order.

Recently, the state government reduced the quota to 12% for students from the Maratha community for junior college admissions from this academic year. The decision was taken following the order issued by the high court.