Mumbai: The Bombay High Court has questioned an NGO, Youth for Equality, for challenging a 1994 Government Resolution (GR) granting 2% reservation to Special Backward Classes (SBCs) in Maharashtra’s public services after a delay of 27 years.
A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre directed the NGO to file an affidavit explaining the delay. “The notification is from 1994, and you are challenging it after 27 years… The doctrine of delays and laches applies to PILs as well. Where have you explained the delay?” the bench asked.
Petitioner’s counsel, Pradeep Sancheti, argued that the delay was due to the notification not being implemented until 2004 and similar petitions pending before administrative tribunals. However, the HC emphasised that such a long delay could not be ignored.
The bench also questioned why the NGO had filed a Public Interest Litigation (PIL) on behalf of the affected individuals, stating that the aggrieved parties were not poor or illiterate and could approach the court themselves. “Why have you filed a PIL on their behalf when they are capable of coming to court?” the judges asked.
Sancheti responded that the issue was framed as a conflict between one class and the general category. “It is one class versus the general class. That is how it is poised,” he contended.
The PIL, filed in 2021, challenges the 1994 State government decision that created the SBC category and allotted 2% reservation in government jobs. The petitioner argues that this pushed total reservations in government jobs to 52%, exceeding the 50% cap set by the Supreme Court.
Sabcheti explained that similar issues, exceeding the 50% benchmark, was raised in PILs opposing the reservation granted to the Maratha community.
According to the plea, the 1994 decision was politically motivated, as the notification did not justify the need for such a reservation. The petitioner further contended that the Maharashtra government failed to demonstrate the backwardness of the castes included in the SBC category. The court has scheduled the next hearing for March 10.
