- Apprentice Lawyer
The Supreme Court today referred to a larger Bench a batch of petitions challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, which provides for reservation in employment and education to the Maratha community.
The Bench of Justices L Nageswara Rao, Hemant Gupta and S Ravindra Bhat has held that in the meanwhile, there will be no such reservation in jobs and admissions.
The Court has further ruled that admissions to postgraduate courses will not be altered. The matter will now be placed for Chief Justice of India, SA Bobde, who will constitute a larger bench. The judgment says:
As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench. These matters shall be placed before Hon’ble The Chief Justice of India for suitable orders.
Admissions to educational institutions for the academic year 2020-21 shall be made without reference to the reservations provided in the Act. We make it clear that the Admissions made to PostGraduate Medical Courses shall not be altered.
Appointments to public services and posts under the Government shall be made without implementing the reservation as provided in the Act.
The Court was considering an appeal against the decision of the Maharashtra High Court which had upheld the Maratha Reservations in education and employment where the High Court had allowed for the breaching of the upper ceiling of 50% reservation that was laid down in the Indra Sawhney judgment.