SC doesn’t modify stay on Maratha quota, proposes day-to-day hearing in Jan

New Delhi, Dec 9 : The Supreme Court on Wednesday refrained from modifying the stay order in implementing reservation for Marathas in job and education in Maharashtra.
A five-judge Constitution bench headed by Justice Ashok Bhushan and comprising Justices L. Nageswara Rao, S. Abdul Nazeer, Hemant Gupta and S. Ravindra Bhat scheduled the hearing of batch of matter from January 25 onwards.
“We are of the view that looking into the issues raised in this appeal and the consequences to the followed, it is necessary that final hearing of this appeal be completed as early as possible. One of the issues before this Constitution Bench being interpretation of Constitution (One Hundred and Second Amendment) Act, 2018”, said the top court.
The bench also issued notice to Attorney General K.K. Venugopal, noting that the matter involves interpretation of the 102nd Constitution Amendment Act connected to grant of constitutional status to the National Commission for Backward Classes.
“Since the court is closing for winter vacation and after reopening, the first two weeks are miscellaneous weeks, list this appeal along with other connected appeals for hearing on January 25, 2021. We make it clear that hearing in these appeals shall be on day-to-day basis,” it said.
Senior advocate Mukul Rohatgi, representing the Maharashtra government, submitted before the bench to modify its order passed on September 9, to allow reservation in education and jobs. Citing the Justice Gaikwad Commission, he said that 16 per cent quota was allowed in 2018 after the Assembly approved the commission’s report. This commission was set up to find out if Marathas constituted a separate class, and had said Marathas constituted 30 per cent of the population.