Maratha reservation: SC to consider Maharashtra govt’s curative petition on Jan 24

PTI, Dec 24, 2023, 2:19 PM IST

The Supreme Court will consider on January 24 a curative petition filed by the Maharashtra government against the judgement that had quashed the state law granting reservations to Marathas in education and government jobs.

A 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 verdict.

A five-judge constitution bench of the top court had on May 5, 2021 delivered its verdict on petitions related to the Maharashtra government’s decision to grant quotas to the politically influential community.

The apex court had refused to refer to a larger bench to revisit its 29-year-old Mandal verdict putting a cap on quotas at 50 per cent as it quashed a Maharashtra law granting reservations to Marathas in admissions and government jobs in the state, saying it violated the principle of right to equality.

Later, on April 11 this year, the top court had dismissed a batch of petitions, including the one filed by the Maharashtra government, seeking review of its 2021 judgement.

The curative petition filed by the state came up for consideration on December 6 before a bench headed by Chief Justice D Y Chandrachud.

”Circulate the curative petitions on January 24, 2024,” said the December 6 order.

In May 2021, the constitution bench had passed the verdict quashing the quota for Marathas, saying that no ”extraordinary circumstances” were made out in granting separate reservation to the Maratha community by exceeding the 50 per cent ceiling on reservation.

It had said that to change the 50 per cent limit is to have a society which is not founded on equality but based on caste rule and if the reservation goes above 50 per cent limit which is reasonable, it will be a slippery slope.

The judgement had come on a batch of pleas challenging the Bombay High Court verdict which had upheld the grant of reservation to Marathas in admissions and government jobs in the state as per the provisions of the Maharashtra Socially and Educationally Backward Classes Act, 2018.