A 5-judge bench of the Supreme Court has dismissed a review petition filed by Maharashtra Govt (Then MVA Govt on June 23, 2021) challenging the May 05, 2021 judgment which declared a law which provides reservation benefits to the Maratha community taking the quota limit in the State in excess of 50 per cent, as unconstitutional.
The bench led by Justice Ashok Bhushan had found there was no “exceptional circumstances” or “extraordinary situation” in Maharashtra which required the Maharashtra government to break the 50 per cent ceiling limit to bestow quota benefits on the Maratha community.
“Having carefully gone through the review petitions, the judgment under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record, warranting reconsideration of the judgment impugned. The review petitions are, accordingly, dismissed. Pending applications stand disposed of", said a review bench of Justices M R Shah, Sanjiv Khanna, B R Gavai, S Ravindra Bhat and V Ramasubramanian in the order uploaded on Thursday night.
The scrapped quota extended 12 per cent and 13 per cent reservation to the Maratha community in education and employment respectively in excess of the ceiling limit of 50 per cent fixed by the Supreme Court earlier.
The 50 per cent cap in reservation was fixed in the Indra Sawhney judgment passed by a nine-judge bench, said SC.
The bench had also ruled that only extraordinary circumstances would justify grant of reservation in excess of the 50 per cent ceiling. The state, in its petition, has pointed out many reasons based on which they have requested the five-judge bench to hear the case once again. It has said that the reservation for the economically weaker section (EWS) passed by the central government also breaches the 50 per cent ceiling in many states.
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