The contentious legal debate surrounding Maharashtra’s 2024 Maratha reservation law is set to be revisited by the Bombay High Court, commencing proceedings anew on October 9. This marks the third time the case has returned to the courtroom, now under a freshly reconstituted bench following the elevation of Justice RV Ghuge to Chief Justice of the Calcutta High Court.
Justice MS Karnik is now at the helm of the new bench, accompanied by Justices NJ Jamadar and SV Marne, who were also part of the prior panel. The bench is tasked with re-examining the petitions that challenge the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024. This act allots a 10 percent reservation for the Maratha community in educational and public sector employment opportunities.
The legal journey of this act has been marked by procedural interruptions, the most recent precipitated by Justice Ghuge’s transfer. Originally, a bench led by then-Chief Justice Devendra Kumar Upadhyaya, flanked by Justices Girish S Kulkarni and Firdosh P Pooniwalla, addressed the issue. An interim order issued on April 16, 2024, dictated that any admissions or recruitments under the law would hinge on the final verdict of the ongoing proceedings.
Complications arose when Chief Justice Upadhyaya was reassigned to the Delhi High Court, leaving the case unresolved. This prompted NEET-UG and PG aspirants to appeal to the Supreme Court due to academic disruptions. Responding to these developments, then-Chief Justice of India BR Gavai directed the Bombay High Court to expedite the formation of a new bench, consequently leading to the establishment of the bench led by Justice Ghuge.
This bench, comprising Justices Jamadar and Marne, convened on May 15, 2025, and initiated hearings on July 18, 2025. Before its dissolution, both petitioners and Maharashtra’s Advocate General Milind Sathe had completed their respective arguments by September 2. Nevertheless, submissions from the Maharashtra State Backward Class Commission (MSBCC) and other involved parties remained incomplete, stalled by the reassignment of Justice Ghuge.
The SEBC Act, 2024, represents Maharashtra’s latest attempt to secure reservations for the Maratha community. The previous SEBC legislation from 2018 proposed a 16 percent reservation, which the Bombay High Court later adjusted to 12 percent in education and 13 percent in employment. However, a 2021 Supreme Court decision nullified the 2018 Act entirely, with a subsequent review petition denied in April 2023.
Following the enactment of the 2024 law, new petitions challenged its constitutionality, arguing it breached the Supreme Court’s 50 percent reservation cap as per the Indra Sawhney case. Detractors claim the new law lacks substantive legal innovation beyond an enlarged survey conducted by the MSBCC under retired Justice Sunil B Shukre. In contrast, the State defends the act, asserting it rectifies prior constitutional shortcomings by demonstrating exceptional circumstances through comprehensive empirical evidence in support of the Maratha community’s reservation.
