Maratha reservation: SC to consider Maharashtra government’s curative petition on January 24
New Delhi: The Supreme Court will on January 24 consider a curative petition filed by the Maharashtra government against the decision that struck down the state law granting reservation to Marathas in education and government jobs.
The curative petition is the last legal recourse in the apex court and is generally considered in chamber unless a prima facie case is made out for reconsideration of the judgment.
A five-judge Constitution bench of the apex court had on May 5, 2021, delivered its verdict on petitions related to the Maharashtra government’s decision to grant quota to the politically influential community.
The apex court had refused to send a larger bench to reconsider its 29-year-old Mandal judgment imposing a 50 per cent cap on the quota as it had upheld Maharashtra’s decision to grant reservation to Marathas in entry and government jobs in the state. The law was repealed. This violated the principle of right to equality.
Later, on April 11 this year, the top court had dismissed several petitions, including one filed by the Maharashtra government, seeking review of its 2021 verdict.
The curative petition filed by the state came up for consideration before a bench headed by Chief Justice DY Chandrachud on December 6.
“Circumvent the curative petitions on January 24, 2024,” the December 6 order said.
In May 2021, the Constitution Bench had ruled to quash the quota for Marathas, saying no “extraordinary circumstances” were created in granting separate reservation to the Maratha community by exceeding the 50 per cent cap on reservation.
It said that changing the limit of 50 per cent means creating a society which is not based on equality but on caste rule and if the reservation goes above the limit of 50 per cent which is reasonable, then it will be a It will be a slippery slope.
The decision came on petitions challenging the Bombay High Court’s decision, which had upheld reservation for Marathas in entry and government jobs in the state as per the provisions of the Maharashtra Socially and Educationally Backward Classes Act, 2018.
