Mumbai High Court sets up a special bench to listen to requests from the marathon reservation

Marathon activists at a rally in Karad, Maharashtra. File Photos | Photo Source: PTI

The Mumbai High Court formed a special judge of three judges on Friday (16 May 2025) and heard the requirement to provide the constitutional validity of the law reserved by Marassa after the Supreme Court directive.

The 2024 law provides 10% of the education and government work reservations for the Malasa community, accounting for nearly one-third of Maharashtra’s population, and has been at the forefront of political discourse last year during the Lossabha and parliamentary elections.

In a notice issued by the High Court on Friday (May 16, 2025), the full bench composed of Justices Ravindra Ghuge, NJ Jamadar and Sandeep Marne was intended to listen and decide on public interest litigation and petitions. Maharashtra State’s Retention of Social and Educational Backward Class Bill, 2024.

However, the notice does not mention or specify the date the bench will hear the request.

Last year, a full judge led by former HC Chief Justice DK Upadhyaya began hearing a group of petitions to challenge the law on the grounds that marathons are not a backward community that needs to retain interests.

The request also claims that Maharashtra has exceeded the 50% quota cap.

However, the hearing stagnated after CJ Upadhyaya was transferred to the Delhi High Court in January this year.

On May 14, the Supreme Court directed the Mumbai High Court to form a special judge and urgently heard the matter.

The Supreme Court directed is a petition by students who invite students to take the National Qualification and Admission Examination (NEET) undergraduate and postgraduate examinations.

The petitioner believes that the delay in the decision of the matter is adversely affecting its right to fair and equal consideration in the ongoing admission process.

Last March, when a petition against reservation was filed, the High Court n interim order stated that NEET 2024 application for undergraduate medical courses, where 10% of bookings applicable to Maratha community members would apply, would be further orders in challenging the law in terms of law.

On April 16, 2024, the entire bench also clarified that in addition to further orders, any application for educational institutions or jobs in government authorities benefiting from the Obstacles Act will be further ordered in this lawsuit.

The 10% quota for the Maratha community was passed by the SEBC Act on February 20 last year under the government led by then-Chief Minister Eknath Shinde.

It was formulated based on a report from the Maharashtra Backward Class Committee (MSBCC) led by retired Justice Sunil Shukre, which found “special circumstances and exceptional circumstances exist” to retain more than 50% of the state reservations to the Malasa community.

The petition has since challenged Shukre’s appointment as MSBCC Chairman.

In December 2018, the Mumbai HC filed a batch of petitions challenging the earlier SEBC bill of 2018, which granted 16% of the marathon remained in government work and education.

HC later maintained the 2018 Act but reduced the quota to 12% in education and reduced positions in government jobs by 13%.

This was challenged in SC, who beat the entire behavior in May 2021.

The petition for review submitted by the Maharashtra government was also rejected by the Supreme Court in May 2023.