The Bombay High Court emphasized on Tuesday that the State Backward Class Commission, led by former High Court Judge Justice S.B. Shukre, must be heard as a crucial participant in a Public Interest Litigation (PIL) challenging the legality of reservations for the Maratha community. The full bench of the High Court, headed by Chief Justice Devendra Kumar Upadhyaya along with Justice Girish Kulkarni and Justice F.P. Pooniwalla, noted that the PIL also seeks to invalidate the Commission’s February 16, 2024 report recommending Maratha reservations.
“We believe it is appropriate for the Commission to defend its report as it is the basis for the legislation. Therefore, its presence in court to address this issue is necessary,” the bench stated.
Advocate Subhash Jha, representing the petitioner, argued that the Commission’s involvement is essential since the legislation relies on its report. State Advocate General Birendra Saraf supported this stance, highlighting that the Commission faces allegations concerning its report.
“While the Commission’s presence may not be necessary to decide on the constitutional validity of the law, it is crucial to adjudicate the plea to annul the Commission’s report,” the High Court’s order affirmed.
The High Court is currently hearing multiple petitions challenging the Socially and Educationally Backward Classes (SEBC) Act, which grants 10 percent reservation in public employment to the Marathas. The proceedings are set to continue on Wednesday.
