NEET: Availing 10 percent Maratha Quota Subject to Court Orders, says HC

Mumbai: Putting a stop to the implementation of 10% reservation for the Maratha community in admission to medical courses, the Bombay High Court recently held that any applications received under the advertisement dated 09.02.2024 for the National Eligibility-cum-Entrance Test (NEET) exam or similar advertisements taking benefit of the concerned reservation would be subject to the High Court orders on the pleas challenging the rule.

In this regard, the HC bench comprising Justices G.S.Kulkarni Firdosh P. Pooniwala further ordered that the candidates applying for NEET or other exams should be informed of the orders passed by the Court in the pleas challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024.

The Maharashtra legislature on February 20 unanimously passed the Maharashtra State Socially and Educationally Backward Bill 2024 providing 10 per cent reservation for the Maratha community in education and government jobs, adds PTI.

The State Government notified the Act on February 26, 2024, based on a report from the retired Justice Sunil B. Shukre-led Maharashtra State Backward Class Commission (MSBCC). Citing "exceptional circumstances and extraordinary situations", the report justified granting reservation to the Maratha community, exceeding the 50 percent total reservation limit in the State.

The plea termed the move as "destruction of the basic structure of the Constitution". It claimed the "politically motivated" decision was taken jointly by the state government and opposition without following the rules of fair play and due process. It urged HC to declare the Maharashtra government's decision as "unconstitutional" as the 50 per cent limit on reservation has been breached without considering Supreme Court guidelines.

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Recently, advocate Jaishri Patil and others, had filed a Public Interest Litigation (PIL) against the state government's move, saying such a decision was taken by the government and opposition for the sake of "dirty politics". The Bombay HC bench issued notice to the State Government on Thursday in this regard and also allowed intervention applications filed by beneficiaries of the Socially and Educationally Backward Class (SEBC) Act 2024.

As per the latest media report by Live Law, the pleas filed by advocate Jaishri Laxmaneao Patil and others challenged the legality of appointing the former HC judge as the chairperson of MSBCC claiming that it violated the law and should be annulled. Approaching the HC bench, the petitioners sought an interim stay on the implementation of the law pending disposal of the pleas. Further, they also demanded that no advertisements for SEBC category reservations for jobs and educational courses be issued until the matter gets resolved.

During the hearing of the petitions, the Advocate General Dr. Birendra Saraf orally submitted before the Court regarding the PIL challenging the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024 before the Chief Justice bench and also informed that an order was passed by the Court issuing notice to the authorities. In this regard, the Advocate General urged the Court to club the present batch of pleas with the concerned PIL. He also prayed for an adjournment until appropriate orders were passed by the Chief Justice bench on the administrative side regarding the clubbing of the pleas.

However, the petitioners cited an urgency for interim reliefs as they highlighted that the last date for submission of applications for NEET 2024 under the advertisement dated February 9, 2024 was on March 9, 2024. The petitioners urged the bench that the interim orders could adversely affect the students applying under the said advertisement.

Noting that the Chief Justice had already seized the praecipe for clubbing of the matters, the bench deferred the hearing of the proceedings for interim reliefs till Tuesday i.e. 12th March, 2024, subject to the orders passed by the Hon'ble Chief Justice.

At this outset, the bench ordered, "However, considering the submissions made before us and without delving on the merits of the matter, we are of the opinion that in the meantime it would be in the interest of the justice that, if any applications are received under the advertisement dated 9th February 2024 or any other similar advertisements taking benefit of the impugned Act, the same shall be subject to further orders to be passed on these proceedings, on the adjourned date of hearing. The candidates who would apply be accordingly informed of the orders passed by this Court."

Meanwhile, the petitioners sought a copy of the MSBCC report and in this regard, the Advocate General submitted that he would take instructions and accordingly respond in this regard. "These issues would fall for consideration on the adjourned date of hearing," ordered the Court.

Medical Dialogues had extensively reported about the introduction of Maratha quota and the court proceedings that followed thereafter. Back in 2018, the Maharashtra Legislature had enacted the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2018, enabling 16 per cent reservation in education and government jobs for the Marathas, declared SEBC by the government.

This was challenged before the Bombay High Court bench, which had held that 16 per cent reservation was not justifiable and ruled that quota should not exceed 12 per cent in employment and 13 per cent in admissions.

Advocate Jaishri Patil had challenged the verdict before the Supreme Court. Consequently in May 2021, the Constitution bench of the Apex Court struck down the SEBC Act, 2018 and observed that no extraordinary circumstances justified the separate reservation for the Marathas, which exceeded the 50 percent ceiling limit mandated by the 1992 Indra Sawhney (Mandal) judgment. The Apex Court bench also questioned the empirical data submitted to establish the social backwardness of the Marathas.

Following this, the Maharashtra Government filed a review petition. However, it was rejected in April 2023. Subsequently, a curative plea was filed and the same is currently pending before the Apex Court.

To view the Bombay HC order, click on the link below:

https://medicaldialogues.in/pdf_upload/bombay-hc-maratha-quota-234076.pdf

Also Read: SC to take a call on Maratha quota in PG medical admissions