(A) Constitution of India – Article 16(4) – Reservation – Quantum – Ceiling limit of 50 per cent – Reservations contemplated in Article 16 (4) should not exceed 50 per cent except in certain extraordinary situations – Extreme caution has to be exercised and a special case must be made out for exceeding limit of 50 per cent – People living in far flung and remote areas not being in mainstream of national life should be treated in a different way – In view of conditions peculiar to them they are entitled to be given relaxation – State of Maharashtra has not shown any extraordinary situation for providing reservations to Marathas in excess of 50 per cent – Maratha community which comprises of 30 per cent of population in State of Maharashtra cannot be compared to marginalized sections of society living in far flung and remote areas – State has failed to make out a special case for providing reservation in excess of 50 per cent – Neither has any caution been exercised by State in doing so – Social, educational and economic backwardness of a community, existence of quantifiable data relating to inadequacy of representation of community in public services and deprivation of benefits flowing from reservations to community are not exceptional circumstances for providing reservations in excess of 50 per cent – Reservations provided to Maratha community were implemented in educational institutions for one academic year only – Implementation of Act for admissions in educational institutions and appointments to public posts during pendency of these Appeals will cause irreparable loss to candidates belonging to open category – It will be difficult to cancel admissions made in educational institutions and appointments made to public posts by implementing reservations as per the Act – Appointments to public services and posts under Government shall be made without implementing reservation as provided in the Act. [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 (SEBC) Act, 2018] (Paras 7, 15, 16 and 17)

(B) Statute Law – Constitutional validity of a Legislation – There is always a presumption in favour of constitutional validity of a legislation – Unless provision is manifestly unjust or glaringly un-constitutional, courts do show judicial restraint in staying applicability of same – Normally, an interim order is not passed to stultify statutory provisions – However, there is no absolute rule to restrain interim orders being passed when an enactment is ex facie unconstitutional or contrary to law laid down by this Court – There is no bar per se for referring Bench to pass interim orders while sending matters to a larger Bench. (Paras 11 and 12)

Facts of the case:

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 (SEBC) Act, 2018 which came into force on 30.11.2018, declared Marathas to be a “Socially and Educationally Backward Class”. Reservations to the extent of 16 per cent of the total seats in educational institutions including private educational institutions and 16 per cent of the total appointments in direct recruitment for public services and posts under the State, were separately made for “socially and educationally backward classes” according to Section 4 of the Act. The constitutional validity of the Act was challenged by filing Public Interest Litigations in the High Court of Bombay. The High Court of Bombay upheld the constitutionality of the Act. However, the High Court reduced the quantum of reservations provided therein from 16 per cent to 12 per cent in respect of the educational institutions and from 16 per cent to 13 per cent in respect of public employment, leading to instant appeals.

Findings of Court:

High Court committed an error in treating the above factors as circumstances which are extraordinary, warranting relaxation of the strict rule of 50 per cent. Admittedly, reservations provided to the Maratha community were implemented in educational institutions for one academic year only. Implementation of the Act for admissions in educational institutions and appointments to public posts during the pendency of these Appeals will cause irreparable loss to candidates belonging to the open category. It will be difficult to cancel the admissions made in the educational institutions and appointments made to the public posts by implementing the reservations as per the Act.

Result : Appeals referred to Larger Bench.