Bombay HC Begins Fresh Hearing On Petitions Challenging 10 Per Cent Maratha Quota

Mumbai, October 9, 2026 - The Bombay High Court commenced a fresh hearing on petitions challenging the Maharashtra government's decision to grant a 10% reservation to the Maratha community in educational institutions and government jobs. This marks the third time since 2024 that a court bench has listened to arguments in this ongoing case.

Senior counsel Arvind Datar, representing the petitioners, contended that the state legislature cannot override a Supreme Court decision on the Maratha community's social and educational status. He referred to Tamil Nadu's case, where reservations exceeding the 50% limit were subsequently placed in the Ninth Schedule. Datar questioned why this step was not taken in Maharashtra, where only a state law was enacted, lacking judicial review.

He cited the Supreme Court's judgment in Indra Sawhney v. Union of India, which set a 50% cap on reservations. The Maratha reservation introduced in 2014 was overturned by the Bombay High Court. A subsequent law was approved by the High Court in 2018, but the Supreme Court overturned it in 2021. Datar argued that Marathas were already eligible for EWS quota benefits and questioned the rationale behind granting an additional 10% reservation.

The petitions center on the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act of 2024, which gives Marathas a 10% reservation based on a commission report citing exceptional circumstances. Under an interim arrangement, admissions and appointments under the Act will continue pending the resolution of these petitions.