A constitution bench of the Supreme Court comprising Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta, and Ravindra Bhat while hearing a plea on Maratha Reservation has refused to lift the interim ban on Maratha reservation in Maharashtra.
Senior Advocate Mukul Rohatgi said in the court that “I appear for the State of Maharashtra. We had filed an application for modification of order passed in September. Let me tell you that I am not arguing as if it’s an intra court appeal. I am making application to vacate order on account of some data”.
The apex court said that the case would be heard in detail in the third or fourth week of January. The Maharashtra government sought permission to appoint 2185 people selected for the job before the ban. The court also refused to order this at the moment.
In September this year, the Supreme Court had stayed the implementation of Maharashtra’s Socially and Educationally Backward Classes (SEBC) law relating to giving 16 percent reservation to the Maratha community.
Existing reservation in the State as on date of commencement of this law was 52 percent and in addition, 16 percent was added. The matter was challenged in High Court. High Court did not grant an interim order and decided finally, running into 500 pages, held that report was valid.
Rohatgi: I appreciate that. There cannot be any delay. At the time when stay order came, the entire recruitment process for entire 2,185 people had undertaken the process for employment and declared successful. Due to COVID they could not be issued appointment letter.
“We have not refused to stop any recruitment,” the court said. However, the court said that the recruitment could not be done under the Act.
The next time when court starts hearing it, we can hear it from third week of January on day to day basis. Such kind of appointment will create unnecessary financial burden on the state.
We are of the view that issues raised in these civil appeals and consequence that follows, it is necessary that civil appeals be heard finally and concluded as early as possible. The court is closing for winter vacations on 18th December the court-ordered.
Supreme Court said that brief written submissions to be provided by January, 2nd week. List these appeals and connected appeals on January 25, 2021, for hearing
