The Supreme Court on Friday (July 12) refused to stay the provision of reservation for Maratha community in Maharashtra but said that the reservation cannot be implemented with retrospective effect. This means that provision of reservation will not guide and govern events that took place before the reservation was officially declared by Maharashtra Government.
Although the apex court refused to stay the reservation, it said that it will hear pleas requesting quashing of Maratha reservation when it comes to educational institutions and government jobs.
Maratha reservation was upheld by Bombay High Court on June 27. It weighed against a petition challenging the constitutional validity of Maratha reservation. Doubts were raised as to whether the law would survive legal scrutiny but after Bombay High Court's decision, fears were allayed. Maharashtra Government passed a bill awarding reservation to Maratha community last year. The bill was passed in the month of November.
"We hold and declare that the state government possesses legislative competence to create a separate category of the Socially and Educationally Backward Class (SEBC) and grant reservation," the high court had said.
Doubts raised initially were not unfounded. During the time of Congress- Nationalist Congress Party government in Maharashtra a few years ago, a similar provision for Maratha reservation was made. But the reservation was struck down by Bombay High Court.
Watch | Maratha reservation can't be implemented with retrospective effect, says Supreme Court