The Supreme Court on Wednesday said that it would decide on February 5 the schedule for hearing pleas pertaining to the 2018 Maharashtra law that grants reservation to Marathas in education and jobs, reported PTI.

This came after the state government argued that a case of this nature be heard only once physical hearings resume. The Supreme Court has been holding proceedings virtually since March last year due to the coronavirus pandemic.

During the hearing, advocate Mukul Rohatgi, who was appearing for Maharashtra, told a five-judge bench led by Justice Ashok Bhushan that the state has requested for an adjournment. He appealed to the court to hear the matter in March.

“Physical meetings are dangerous today,” Rohatgi told the bench, also comprising Justices L Nageswara Rao, S Abdul Nazeer, Hemant Gupta and S Ravindra Bhat. “It may be appropriate for a case of this nature to be heard once physical hearing commence.”

The advocate added that the coronavirus vaccination drive had begun in the country, and that it may take “six to eight weeks for the judges and lawyers, who are above the age of 60, to get vaccinated”.

“We will take a call after two weeks on what is to be done,” the bench said in response. “We will fix date for directions after two weeks. Then, we will finalise the schedule for hearing.” The matter was then posted to be heard on February 5.

The Maratha reservation

On September 9, the Supreme Court had stayed reservations in educational institutions and government jobs provided to the Maratha community under the Socially and Educationally Backward Classes Act, 2018. The Maratha community roughly forms one-third of the state population.

A three judge-bench headed by Justice L Nageswara Rao referred the matter to Chief Justice SA Bobde to constitute a larger bench and examine validity of such a quota. The court, however, clarified that admissions already made under the Maratha quota in postgraduate medical courses will not be affected. It added that the status of those who have availed of the benefits will also not be disturbed.

The petitioners have argued that the provision for 12% reservation jobs and 13% in admissions would breach the ceiling of 50% reserved seats imposed by the Supreme Court itself in a landmark verdict in 1992.

In 2018, the then Devendra Fadnavis-led government in Maharashtra had approved 16% reservation for the Marathas in jobs and education after statewide protests. However, the Bombay High Court, while upholding the constitutional validity of the law stated that 16% reservation was not justifiable. It directed the state government to reduce the quota to 12-13% as per the recommendations of the State Backward Classes Commission. The court also maintained that 50% cap on total reservations imposed by the Supreme Court could be exceeded in exceptional circumstances.