New Delhi | The Supreme Court on Wednesday sought a response from the Maharashtra government on a plea challenging an order of the Bombay High Court dismissing a petition against 16 per cent quota for Marathas in admission to PG medical and dental courses.
The top court said it will hear on June 24 the plea challenging Maharashtra government’s decision to grant Maratha reservation for admissions in PG medical courses.
A bench of justices Deepak Gupta and Surya Kant said it cannot leave the petitioners remedy less as either the high court or the Supreme Court has to adjudicate the issue.
The bench said the petitioners had earlier approached the apex court and were asked to move the high court for the relief.
It noted that in another similar matter related to quota in admissions for economically weaker section, the apex court said that no other court should entertain this petition.
“Either the high court or the Supreme Court should decide the issue at hand as the petitioners cannot be left remedy less,” the bench said.
Senior advocate Shekhar Naphade, appearing for the petitioners, contended that the high court did not consider the matter in view of an apex court’s order of June 4, wherein it had restrained any other courts from entertaining any plea related to admission to PG medical courses.
He said that Socially and Educationally Backward Classes (SEBC) Act which came into force on November 30, 2018, is itself under challenge.
Petitioner Sameer challenged the Bombay High Court order of June 13 by which it had refused to entertain the petition against the Maharashtra government ordinance granting 16 per cent quota to Marathas in admission to PG medical and dental courses.
The petitioner claimed that due to the apex court’s two order of June 4 and June 10, the Nagpur bench of the high court refused to entertain the petition challenging the Maharashtra State Reservation (of seats for admission in educational institutions in the State and for appointments in the public services and posts under the State) for Socially and Educationally Backward Classes (Amendment and Validation) Ordinance, 2019.
The petition said, “In the case at hand the impugned ordinance is clearly an attempt to nullify the judgement passed by the high court and as upheld by the Supreme Court thereby holding the provisions of the SEBC Act, 2018, inapplicable to the current academic year for, the admission process with respect to PG Medical Courses which has already commenced prior to the implementation of the Act”.
It said that the impugned ordinance is thus contrary to the law laid down by the Supreme Court and deserves to be set aside.
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