The Bombay High Court on Tuesday said the Maharashtra State Backward Class Commission (MSBCC) is a necessary party in pleas challenging its report on a quota for Marathas.
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“We find it appropriate that the commission will be a necessary and proper party to adjudicate the prayer regarding the quashing of its report. It may not be a necessary party for the prayer against the validity of the Act. The court will pass an order on Wednesday regarding impleading the commission as a party respondent in the petition,” a full Bench comprising Chief Justice D. K. Upadhyaya, Justice G. S. Kulkarni, and Justice Firdosh Pooniwalla said on Tuesday, after hearing multiple petitions on the matter since last week.
The petitions challenge the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, under which 10% quota was granted to the Maratha community in government jobs and education. The petitions challenged the setting up of the MSBCC headed by former judge Sunil S.B. Shukre, its methodology, and the report recommending reservation for Marathas. On Monday, Bhausaheb Pawar, one of the petitioners, filed an application through advocate Subhash Jha, seeking the commission to be made a party respondent in the plea. Mr. Jha argued to oppose the 10% reservation to the Maratha community, and said that the report prepared by the Justice Shukre Commission will affect the lives of crores of citizens, and the commission needs to be made a party.
Hearing all the pleas, the judges’ Bench on Tuesday agreed to Mr. Pawar’s application, and said the MSBCC is a proper and necessary party in the case.
On February 20, the Act was passed, and on February 26, the Maharashtra government notified the Act that was based on the MSBCC. The report by Justice Shukre mentions exceptional circumstances and extraordinary situations as justification for granting reservation to the Maratha community, exceeding the 50% total reservation limit.