The Bombay High Court has constituted a new full bench to hear petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024. This law provides a 10 percent reservation for the Maratha community in education and public employment in Maharashtra.
The newly formed full bench will be headed by Justice Ravindra Ghuge, with Justice Nizamoodin Jamadar and Justice Sandeep Marne as the other two judges. The formation of this bench was officially notified by the Registrar Judicial (I) of the Bombay High Court on May 15, 2025.
"With the transfer of Chief Justice Devendra Upadhyay to the Delhi High Court, the earlier full bench could no longer continue hearing the matter, prompting the need for a new constitution under Justice Ghuge’s leadership."
Previously, the petitions for and against the Maratha reservation were being heard by a bench led by then Chief Justice Devendra Upadhyay along with Justices Girish Kulkarni and Firdosh Pooniwalla. That bench had already heard the matter in considerable detail before the transfer of Chief Justice Upadhyay.
The Supreme Court had also recently dealt with a related plea. A writ petition filed by candidates preparing for NEET UG and NEET PG 2025 had challenged the 10 percent Maratha quota. However, the Supreme Court bench led by Chief Justice D.Y. Chandrachud, along with Justice A.G. Masih, declined to entertain the petition. The Court noted the closeness of examination dates—May 4 for NEET UG and June 15 for NEET PG—and advised that the Bombay High Court consider granting interim relief if necessary.
The Supreme Court refused to intervene and stated that the Bombay High Court was the appropriate forum to consider interim measures in light of the upcoming examination schedule.
The Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 was passed by the State Legislature on February 20, 2024, and notified on February 26, 2024. It is based on a report by the Maharashtra State Backward Class Commission (MSBCC), led by retired Justice Sunil B. Shukre.
"The MSBCC report cited 'exceptional circumstances and extraordinary situations' as the basis for granting reservation to the Maratha community, even though it would breach the 50 percent total reservation cap in the state."
This is not the first time the issue of Maratha reservation has reached the courts. In 2018, under the Devendra Fadnavis-led government, a law was passed granting 16 percent reservation to Marathas in education and government employment. Although the Bombay High Court upheld the 2018 SEBC Act in June 2019, it found the 16 percent quota excessive and reduced it to 12 percent for education and 13 percent for jobs.
The reduced quota was then challenged in the Supreme Court. In May 2021, a Constitution Bench of the apex court struck down the SEBC Act, 2018. The Court ruled that the Maratha community did not meet the threshold for "extraordinary circumstances" to allow a breach of the 50 percent reservation cap set by the landmark 1992 Indra Sawhney judgment.
"The Supreme Court held that the empirical data presented to justify Maratha reservation was inadequate, and therefore, the community could not be classified separately for additional benefits."
Following this, the Maharashtra government filed a review petition, which was dismissed in April 2023. A curative petition has since been filed and remains pending before the Supreme Court.
The newly constituted bench of the Bombay High Court will now decide the fate of the 2024 legislation. The upcoming hearings will be crucial in determining whether the fresh attempt by the state government to provide Maratha reservation stands legal scrutiny or faces the same outcome as the 2018 Act.
