As of May 17, 2025, the Bombay High Court has constituted a new three-judge bench to hear petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes (SEBC) Act, 2024. This law grants a 10% reservation to the Maratha community in education and public employment.

The newly formed bench comprises Justices Ravindra V. Ghuge, N.J. Jamadar, and Sandeep Marne. This reconstitution follows the transfer of former Chief Justice Devendra Kumar Upadhyaya to the Delhi High Court, which had previously led hearings on this matter. The Supreme Court intervened, directing the Chief Justice of the Bombay High Court to expedite the formation of a new bench to address the legal challenges promptly.

Enacted in February 2024, the SEBC Act provides a 10% reservation for the Maratha community, based on findings by the Maharashtra State Backward Class Commission (MSBCC) led by retired Justice Sunil Shukre. The Commission cited “exceptional circumstances and extraordinary situations” to justify exceeding the Supreme Court’s 50% reservation ceiling.

The Act has faced multiple legal challenges. In May 2021, the Supreme Court struck down a similar 2018 Act, ruling that the Maratha community did not meet the criteria for “extraordinary circumstances” to warrant exceeding the 50% reservation cap. The current petitions argue that the 2024 Act suffers from similar constitutional infirmities.

Additionally, the Supreme Court has directed the Bombay High Court to consider granting interim relief to NEET 2025 aspirants who claim that the delay in adjudication is affecting their right to fair and equal opportunity in the admission process.

The newly constituted bench is expected to resume hearings shortly. Given the academic implications, the Court is likely to prioritize the matter and may consider interim measures to address the concerns raised by petitioners.

Sources