Key Points:
- On 5th May, the Supreme Court of India denied scrapping the 50% ceiling limit on the reservations in the government jobs and educational institutions for the Maratha Community.
- The judgement was passed by a 5 judged bench that included Justices Ashok Bhushan (the head), L Nageswara Rao, S Abdul Nazeer, Hemant Gupta, and S Ravindra Bhat.
- “States have no power to add any caste to socially economically backward caste list due to the amendment made by parliament,” the Supreme Court observed.
On Wednesday, 5th May, the Supreme Court of India rejected the Maharashtra law for granting reservation to the Maratha community in the sector of education and government jobs within the state.
The apex court very clear stated in its judgment that the individuals from the Maratha community CANNOT be declared as educationally and socially backward community to bring them within the reserved category.
While the judgement, the SC also denied consideration of scrapping the 50% ceiling limit on the reservations in the government jobs and educational institutions by reviewing a legal example that has, for three decades now, held the ceiling as absolute.
The judgement was passed by a 5 judged bench that included Justice Ashok Bhushan, Justice L Nageswara Rao, Justice S Abdul Nazeer, Justice Hemant Gupta, and Justice S Ravindra Bhat. The bench was headed by justice Ashok Bhushan and it held that the law providing for quota to the Maratha community beyond 50% violated equality and that the state failed to show any extraordinary reason for why Marathas should be considered as socially and economically backward class.
The bench in its judgement, also confirmed the validity of the 102nd constitutional amendment and stated that the Centre alone has the power to determine socially & educationally backward classes (SEBCs).
“States have no power to add any caste to socially economically backward caste list due to the amendment made by parliament,” the Supreme Court observed. “States can only identify the castes and suggest to the Centre…Only President can add the caste to SEBC list guided by the National Backward Classes Commission.”
The SC also said that all the admissions made to post-graduate medical courses and appointments already made under the new quota law shall not be disturbed by its ruling today.
After hearing the verdict, Maharashtra’s Chief Minister Uddhav Thackeray termed the decision as “unfortunate” and said that legal battle for the same would continue till there is “victory”, reported PTI.
