The Maharashtra Assembly had passed the SEBC Act, 2018 granting 16 per cent reservation to Marathas beyond the 50 per cent ceiling imposed in the Supreme Court’s 1992 verdict in the Indra Shawney case.
On June 27, 2019 Bombay High Court upheld reservation for Marathas in the state but quashed the 16 per cent quota, terming it “not justifiable”.Maharashtra State Backward Class Commission stated that the reservation for education should not exceed 12% and 13% for government jobs.
The High Court said that the 50% cap on total reservation can be further exceed in exceptional circumstances for Economically Weaker Section.The EWS quota is meant for people with annual family income below ₹8 lakh.
The SEBC category was created under an Act passed in 2018 to enable the Maratha community to secure reservation benefits.
A three-judge Bench led by Justice L Nageswara Rao said admissions already made to PG courses shall not to be altered.
Now, the matter will be placed before CJI SA Bobde for constituting an appropriate Bench.On September 9, 2020, the three-judge Bench referred the cases to larger bench to determine the issue whether State Government has the power to declare a class as Socially and Economically Backward after the Constitution (102nd) amendment.
Meanwhile, during the pendency of the matter before the top court no reservation can be given to the Maratha community under the Socially and Educationally Backward Classes (SEBC) Act.
The case has been adjourned to 5th feb 2021 for next hearing till then the stay order continues.