The Supreme Court on Friday refused to stay the judgment passed by Bombay High Court upholding the reservation given to the Maratha community in educational institutions and government jobs.
A three-judge bench headed by Chief Justice Ranjan Gogoi, however, agreed to hear the plea challenging the reservation granted to the Maratha community. The court also issued a notice to the state government on the appeal filed challenging the quota.
The top court said that the state government's decision to grant reservation and Bombay High Court's verdict upholding its decision, "cannot be implemented with retrospective effect".
"Even though the petitioner tried to press for the stay, the court did not grant it. The court expressed its opinion that it is a very long and well-reasoned judgement and without hearing the parties in detail, the stay cannot be granted," Nishant Kanthe, who had appeared on behalf of the state government, told reporters.
The matter will be heard after two weeks on point of interim relief, the counsel said.
The Court had, on June 27, directed to cap the reservation for the community at 12 per cent for admission in educational institutions and 13 per cent for government jobs.
The Maharashtra Assembly had, on November 30, in 2018, passed the Maratha Reservation Bill which extended 16 per cent reservation in educational institutions and government jobs to the Maratha community.
Following the decision of the state legislature, several petitions were filed contending that the reservation to the community will raise the reservation in the state from 52 per cent to 68 per cent, which is 18 per cent higher than the ceiling set by the Supreme Court.
On this, the High Court said that 50 per cent cap on the reservation can be "extended in exceptional situations".
The court also upheld the recommendations made by the Maharashtra Backward Class Commission about the "backwardness" of the community, which the government had considered while extending the quota.
On March 8, the Devendra Fadnavis-led state government issued a notification implementing the reservation in the educational institutions.
The Legislative Council of the state had, on June 21, passed an amendment in the SEBC Act, providing 16 per cent reservation to the students of Maratha community in admissions to the post-graduate (PG) courses in medical colleges.
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