NEW DELHI: The Supreme Court will hear the curative petition on January 24, 2024 filed by the Maharashtra government against judgment which had declared a law providing reservation benefits to Maratha community, taking quota limit in State in excess of 50%, as unconstitutional.
A bench of Chief Justice of India D Y Chandrachud and Justices Sanjay Kishan Kaul, Sanjiv Khanna and B R Gavai fixed the curative petition filed by the Chief Minister and another for circulation on January 24.
The curative petition is the last legal option against a judgment.
The Supreme Court on May 5, 2021, had struck down reservations for the Maratha community in colleges, higher educational institutions, and jobs, after noting that there was no valid ground to breach 50 %.
The Maharashtra government subsequently filed a review petition, which was also dismissed on April 11, 2024.
In its judgement, the apex court had struck down the Maharashtra Socially and Educationally Backward Classes (SEBC) Act, 2018, for having breached the 50% cap fixed by a nine-judge bench in 1992 in Indra Sawhney case (Mandal Commission). It had also found no exceptional circumstances or extraordinary situation to allow 12-13% quota for Marath community.
