Maratha Muslim Aarakshan Kruti Samiti v. The Chief Minister of State of Maharashtra

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Maratha Muslim Aarakshan Kruti Samiti v. The Chief Minister of State of Maharashtra

This case is a review petition filed in the case of Jaishri Laxmanrao Patil v. Chief Minister of Maharashtra, which dealt with the legality of reservations in public employment and education for the Maratha community in Maharashtra.

Petitioners Arguments

Applicant's arguments are not available since no order has been passed in the case.

Responders Arguments

Respondent's arguments are not available since no order has been passed in the case.

Start Date

2024-01-25

Card Stage Date

2024-01-25

Review Petition No

Diary Number- 3955/2024

Case Status

Pending

Bench Status

Not Constituted

Subject Matter

Constitution

Pendency

2 years, 5 months, 5 days

5 Judge Bench

Miscellaneous

Consider As Stage Of Pendency

true

Date of institution of case

This case is a review petition filed on the judgment in Jaishri Laxmanrao Patil v. Chief Minister of Maharashtra , which dealt with the legality of reservations in public employment and education for the Maratha community in Maharashtra. The Maharashtra government, in 2014, issued an ordinance granting 16% reservation to Marathas and 5% to Muslims in education and public employment, which was challenged in the Bombay High Court. The Bombay High Court stayed the 2014 ordinance, leading to the enactment of the Socially and Educationally Backward Classes (SEBC) Act, 2018 , which provided 16% reservation for Marathas. In June 2019, the Bombay High Court upheld the SEBC Act’s constitutionality but recommended reducing Maratha reservations to 12-13% as per the Gaikwad Commission’s findings . The Supreme Court in 2020 in the Jaishri Laxmanrao Patil case struck down the SEBC Act, ruling it unconstitutional for exceeding the 50% reservation ceiling without showing "extraordinary circumstances." Currently, the Maratha community lacks a separate reservation under the SEBC Act, and the Maharashtra government is exploring legal alternatives to address their concerns within constitutional limits. Since, this is a review petition in a 5-judge bench case, it will be placed before a Constitution Bench.

Questions of law have not been formulated yet.

NA

Since a 5- judge bench gave the decision in the Jaishri Laxmanrao Patil case, this review petition will be placed before a 5-judge bench.

Jaishri Laxmanrao Patil v. Chief Minister of Maharashtra

Maratha Reservation

Source Of Info

Supreme Court Observer

Date Of Fr

2024-01-24

The Case of the Maratha Reservations: Jaishri Laxmanrao Patil v. Chief Minister of State of Maharashtra

Source Of Info

Constitutional Law Society