PIL filed before Bombay High Court against Maratha Reservation Act

A public interest litigation (PIL) petition was filed before the Bombay High Court on Monday seeking quashing of the Maharashtra State Reservation Act 2024 which provides 10 percent reservation to the Maratha community under the Socially and Educationally Backward Class (SEBC)..The PIL filed by social worker Bhausaheb Pawar said that the Act of 2024 is manifestly arbitrary and in violation of the Articles 14 (right to equality), 15 (prohibition of discrimination on grounds of religion, caste etc) 16 (equality of opportunity in public employment) and 21 (right to life) of the Constitution of India. The PIL relied upon the 2021 judgment of the Supreme Court which quashed an earlier Act giving reservation to Marathas for the reason that the community was not a socially backward community. The Act of 2024 surpassed the limit of 50% laid down by the Apex court in the judgement of Indra Sawhney's case, the PIL filed through advocate Rakesh Pande highlighted. "There are no compelling reasons to provide reservation to the comminity. The State has provided reservation to the Maratha community only after getting pressured of protest and agitation of Manoj Jarange Patil," the plea stated.It further alleged that the Act was passed hastily considering the upcoming Lok Sabha elections. .The bill was passed by the State assembly on February 20 and the notification of the Governor giving assent to the Bill was issued on February 26.The law was passed based on the recommendations made by a report tabled by the Maharashtra State Backward Class Commission (MSBCC), chaired by retired High Court judge Justice Sunil Shukre.The report of the MSBCC highlighted that the population of Marathas in the State stood at 28 percent and that the community faced extraordinary conditions of backwardness.This warranted that reservations for Marathas go beyond the 50 percent cap, the commission had reportedly said..As per the PIL, the report ignored findings of the several commissions before it which showed that Maratha was a dominant class in the state and not a minority. "The commission collected all alleged data within 8-10 days however it is beyond imagination how the state commissioner can collect adequate data to know the adequate representation of the Maratha community in the state," the PIL highlighted..The PIL has sought the following reliefs: Quashing of the Maratha Reservation Act of 2024 on the grounds that it violates fundamental rights under Constitution of IndiaQuash and strike down the report of the Maharashtra State Backward Class Commission recommending reservation to Maratha community. .A writ petition by a Mumbai lawyer challenging the Act is already pending for before the High Court.