NEW DELHI: The Supreme Court will hear the curative petition on January 24 next year filed by the Maharashtra government challenging the SC judgement which had declared a law providing reservation benefits to the Maratha community as unconstitutional.
It is to be noted that a curative petition is the final and last legal option available to the people/ party, concerned in a case, which is aggrieved by a court order, seeking justice from the judiciary.
The Supreme Court on May 5, 2021, struck down reservations for the Maratha community in colleges, higher educational institutions, and jobs, after noting that there was no valid ground to breach 50 per cent reservation while granting Maratha reservation.
Challenging the verdict, the Maharashtra government filed its review petition, which was also dismissed by the SC, on April 11, 2023, forcing it to file its curative petition, which is the last legal option for it.
"The law which provides reservation benefits to the Maratha community taking the quota limit in the State over 50 per cent, as unconstitutional," the SC said.
The Apex Court in its verdict struck down the Maharashtra SEBC Act 2018 to the extent it held Marathas as a socially and economically backward class as violating the principles of equality.
A five-judge Constitution bench of the Top Court, headed by Justice Ashok Bhushan (Now Retired) and also comprising Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat (All Retired now) had pronounced its judgement in the Maratha reservation on May 5, 2021.
The SC in its judgement had said that there was no valid ground to breach 50 per cent reservation while granting Maratha reservation.
The Apex Court had said that the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, extending the reservation to the Maratha community in public education, jobs and employment is unconstitutional.
The Supreme Court in its judgement had struck down the Reservation for the Maratha community in education and jobs exceeding 50 percent quota.