TheSupreme Court on Wednesday quashed the Maharashtra law granting reservation injobs and admissions to Maratha community. The top court said it did not findany exceptional circumstance to justify exceeding the 50 per cent cap set byIndra Sawhney judgment.
Afive-judge Constitution Bench headed by Justice Ashok Bhushan allowed no breachof 50 per cent ceiling to give more reservation, as it refused to considerreviewing Indra Sawhney verdict of 1992.
"Exceedingceiling limit of 50 percent laid down by Indra Sawhney is violative of Articles14 and 15," said the top court. The top court said the people from Marathacommunity cannot be declared as educationally and socially backward.
Theunanimous judgment was delivered by a bench also comprising Justices L. NageswaraRao, S Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat.
Thetop court made it clear that there were no extraordinary circumstances to grantreservation to Maratha community over and above 50 per cent ceiling.
Thetop court struck down the Maharashtra State Reservation for Socially andEducationally Backward Classes (SEBC) Act, 2018 which extends reservation tothe Maratha community in public education and employment.
Thetop court emphasized that exceeding the 50 percent limit in without exceptionalcircumstances violates Article 14, and it held that 2018 act as amended in 2019exceeds the limit without any exceptional circumstances.
Thetop court held that SEBC Act, which extends reservation to the Marathacommunity in public education and employment is unconstitutional.