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SC posts for Jan 25 hearing on pleas against Maratha reservation

The petitioner has earlier sought a stay on the High Court order as the reservation of a total 65 percent in education and 62 percent in jobs.

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The Supreme Court on Wednesday posted for January 25, 2021, the hearing of petitions challenging the constitutional validity of a Maharashtra law that grants reservation to the Maratha community in education and jobs.

A five-judge Constitution bench of the apex court, comprising of Justices Ashok Bhushan, L Nageswara Rao, S Abdul Nazeer, Hemant Gupta, and Ravindra Bhat, also asked Attorney General KK Venugopal to assist the court on the issue.

"We are of the view that issues raised in these Civil appeals and consequence, which follows is necessary that civil appeals be heard finally and concluded as early as possible," the bench said while posting the matter for further hearing on January 25.

The bench was hearing two appeals, including one filed by J Laxman Rao Patil challenging the Bombay High Court order that upheld the constitutional validity of the quota for the Maratha community in education and government jobs in Maharashtra.

The petitioner has earlier sought a stay on the High Court order as the reservation of a total 65 percent in education and 62 percent in jobs, exceeded the 50 percent cap in total reservation.

The Bombay High Court had on June 27, 2019, said the 50 percent cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.

Another appeal filed by advocate Sanjeet Shukla, a representative of "Youth for Equality", said the Socially and Educationally Backward Classes (SEBC) Act, 2018, enacted to grant reservation to the Maratha community people in jobs and education, breached the 50-per cent ceiling on reservation fixed by the top court in its judgment in the Indira Sawhney case. 

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