A Three-Judge Bench referring the matter to Constitution Bench has referred all the appeals and the order contemplated that the matter shall be placed before the Chief Justice for the suitable orders. (C) Appointments to public services and posts under the Government shall be made without implementing the reservation as provided in the Act.Ħ. We make it clear that the Admissions made to Post-Graduate Medical Courses shall not be altered. (B) Admissions to educational institutions for the academic year 2020-21 shall be made without reference to the reservations provided in the Act. These matters shall be placed before Hon'ble The Chief Justice of India for suitable orders. (A) As the interpretation of the provisions inserted by the Constitution (102nd Amendment) Act, 2018 is a substantial question of law as to the interpretation of the Constitution of India, these Appeals are referred to a larger Bench. In view of the foregoing, we pass the following orders:. The three-Judge Bench after hearing the parties, on, while granting leave passed following order: It was made clear that the judgment of the High Court and the reservation in question shall not have any retrospective effect.
While issuing notice on, a three- Judge Bench of this Court directed that the action taken pursuant to the impugned judgment of the High Court shall be subject to the result of the SLP. Union of India & Anr.) has been filed questioning the Constitution (102nd Amendment) Act, 2018.ĥ. Writ petition under Article 32 of the Constitution of India, namely, Writ Petition(C) No. Few writ petitions were also allowed and few detagged and other writ petitions have been disposed of.Ĥ. The writ petitions challenging the Ordinance XIII and XIV of 2014 as well as Act, 2014 were dismissed as having become infructuous. The High Court by the impugned judgment upheld Act, 2018, except to the extent of quantum of reservation provided under Section 4(1)(a), 4(1)(b) over and above 12% and 13% respectively as recommended by Maharashtra State Backward Class Commission. The Maharashtra State Reservation (of seats for appointment in educational institutions in the State and for appointment or posts for public services under the State) for educationally and socially backward category (ESBC) Act, 2014 and Maharashtra State Socially and Educationally Backward Class (SEBC) (Admission in Educational Institutions in the State and for posts for appointments in public service and posts) Reservation Act, 2018 (hereinafter referred to as the "Act, 2018").ģ. The Ordinance No.XIV of 2014 dated providing for 5% reservation to 52 Muslim Communities. XIII of 2014 dated providing 16% reservation to Maratha.
Different writ petitions were filed before the High Court between the years 2014 to 2019, apart from other challenges following were under challenge: The Ordinance No. All the above appeals have been filed challenging the common judgment of the High Court dated by which judgment several batches of writ petitions have been decided by the High Court. The challenge/interpretation of the Constitution (102nd Amendment) Act, 2018 is also up for consideration.Ģ. This Constitution Bench has been constituted to consider questions of seminal importance relating to contours and extent of special provisions for the advancement of socially and educationally backward class (SEBC) of citizens as contemplated under Article 15(4) and contours and extent of provisions of reservation in favour of the backward class citizens under Article 16(4) of the Constitution of India. Ravindra Bhat have also concurred on Question Nos.1, 2 and 3.ġ.