Mumbai, Jul 2 (PTI) The Maharashtra State Backward Class Commission (MSBCC) is a necessary party in the pleas challenging its report submitted to the state government recommending reservation for the Maratha community, the Bombay High Court said on Tuesday.
A full bench of Chief Justice D K Upadhyaya and Justices G S Kulkarni and Firdosh Pooniwalla last week started hearing a bunch of petitions challenging the constitutional validity of the Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2024, under which 10 per cent quota was granted to the Maratha community in government jobs and education.
Some of the petitions also challenged the setting up of the MSBCC headed by Justice Sunil Shukre (retired), its methodology, and the report recommending reservation for Marathas.
One of the petitioners, Bhausaheb Pawar, on Monday, filed an application seeking the commission to be made a party respondent in the plea.
After hearing the application, the bench on Tuesday stated that since Pawar’s petition also challenges the commission’s report and seeks its quashing, the MSBCC is a proper and necessary party.
“We find it appropriate that the commission will be a necessary and proper party to adjudicate the prayer regarding the quashing of its report. It may not be a necessary party for the prayer against the validity of the Act,” the bench said.
The HC said it would pass an order on Wednesday regarding impleading the commission as a party respondent in the petition.
The petitions had challenged the validity of the Act on the ground that the Maratha community was not backward and hence does not require benefits of reservation and also claimed Maharashtra has already crossed the 50 per cent cap on reservation. PTI SP NSK
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