Mumbai, October 9, 2026: The Bombay High Court on Friday began hearing afresh a batch of petitions challenging the Maharashtra government’s decision to grant 10% reservation to the Maratha community in educational institutions and government jobs. This is the third time since 2024 that a bench has commenced hearing arguments in the long-pending matter.
The fresh hearing is before a three-judge bench comprising Justices M S Karnik, N J Jamadar and Sandeep Marne.
Petitioners Challenge State’s Powers
Senior counsel Arvind Datar, appearing for petitioners opposing the quota, argued that the state legislature could not override the Supreme Court’s earlier findings on the Maratha community’s social and educational status.
“Once the Supreme Court has given a decision that Marathas are a dominant forward class and have been in the mainstream, the legislature cannot override it,” Datar submitted.
Referring to Tamil Nadu, where reservations exceed the 50% ceiling, Datar said the state had taken steps to include its reservation law in the Ninth Schedule of the Constitution, with its validity still pending judicial review.
“Here, nothing of that sort has been done. Only the state legislature has passed the Act,” he argued.
Supreme Court Rulings On Reservation
Datar also cited the Supreme Court’s judgment in Indra Sawhney v. Union of India, which laid down the general 50% ceiling on reservations. He pointed out that the Maratha reservation introduced in 2014 was struck down by the Bombay High Court. A subsequent law was upheld by the High Court in 2018, but the Supreme Court reversed the decision in 2021.
He further argued that Marathas were already eligible for benefits under the Economically Weaker Sections (EWS) quota and questioned the grant of an additional 10% reservation. While some individuals could be given concessions based on specific criteria, he submitted, this could not justify a blanket quota for the community.
2024 Law Under Judicial Scrutiny
The petitions challenge the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024, which provides 10% reservation for Marathas. The law is based on a commission report citing exceptional circumstances to justify exceeding the 50% ceiling.
Under an interim arrangement, admissions and appointments under the Act remain subject to the final outcome of the petitions.
Separately, petitions challenging a September 2, 2025, government resolution allowing eligible Marathas in Marathwada to obtain Kunbi certificates, enabling them to claim OBC reservation benefits, are being heard separately.
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Earlier Hearings Stalled After Transfers
Earlier, a bench headed by then Chief Justice D K Upadhyaya had begun hearing the petitions, but proceedings stalled after his transfer as Chief Justice of the Delhi High Court. A second bench, headed by then Acting Chief Justice Ravindra Ghuge, also heard the matter before his elevation as Chief Justice of the Calcutta High Court.
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