Bombay HC Constitutes Fresh Bench For Maratha Quota Pleas, Hearing To Begin On October 9

Mumbai, September 18: The Bombay High Court has assembled a fresh three-judge bench to deliberate on a set of petitions disputing and advocating the Maharashtra government's move to bestow a 10% reservation for the Maratha community in education and government employment. The new bench, consisting of Justices MS Karnik, NJ Jamadar, and Sandeep Marne, is scheduled to commence hearing the issue anew from October 9.

The case was initially being addressed by a special bench presided over by Acting Chief Justice Ravindra Ghuge, accompanied by Justices Jamadar and Marne. The proceedings are now set to restart after Justice Ghuge's appointment as Chief Justice of the Calcutta HC. This marks the third bench to scrutinize arguments in the protracted litigation.

Prior to this, a bench headed by then Chief Justice D.K. Upadhyaya had started hearing the petitions, but their proceedings came to a halt following his transfer as Chief Justice of the Delhi HC.

The petitions question the constitutional soundness of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024, under which the state implemented a 10% reservation for Marathas. The legislation is predicated on a report submitted by the Maharashtra State Backward Class Commission, headed by retired Justice Sunil Shukre, which invoked "exceptional circumstances" to justify surpassing the Supreme Court's 50% reservation cap.

The High Court's interim arrangement stipulates that admissions and appointments made under the 2024 Act will remain contingent on the ultimate resolution of the petitions. Meanwhile, a separate set of petitions is contending with the Maharashtra government's September 2, 2025 Government Resolution, which aims to issue Kunbi caste certificates to eligible Marathas from the Marathwada region.

These certificates empower eligible applicants to exploit reservation benefits under the OBC category. The State asserts that the GR is confined to Marathas who can substantiate their Kunbi lineage. However, the petitions challenging the GR argue that it is capricious and unconstitutional. They posit that Marathas and Kunbis have been classified as separate communities in preceding reports and query the legal foundation for issuing such certificates. The GR-related petitions are being evaluated independently of the primary SEBC Act challenges.