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2023 Supreme(Bom) 1463

NITIN JAMDAR, MANJUSHA DESHPANDE
Akshay Ashok Chaudhari – Appellant
Versus
Government of Maharashtra, through Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.D. Lonkar, Om M. Lonkar, Tejas D. Deshmukh, Anshuman Deshmukh, S.S. Mohanty, V.A. Thorat, Mihir Desai, Laukik Pawar, Satyajeet Rajshirke, Nikhil Pawar, Sandeep Dere, Narendra Bandiwadekar, Sachin Kadam, Sangharsh V. Waghmare, Rahul Salve, Santosh Shingare.
For the Respondents: Birendra Saraf, P.P. Kakade, M.M. Pable, Sayyed T. Yassen, Saurav N. Katkar, Shantanu Raktate, Sabiha Ansari, Aisha Shaikh, Tanvi Rane, Shraddha Khandare.

JUDGMENT :

NITIN JAMDAR, J.

1. Rule in all the Petitions. Rule is made returnable forthwith. Taken up for final disposal as per the earlier order.

2. In the year 2018, the State of Maharashtra enacted the “Maharashtra State Reservation for Socially and Educationally Backward Class Act, 2018” (SEBC Act), which came into force on 30 November 2018. This legislation conferred a right on the individuals from the Maratha community, SEBC category, to 13% of total admissions in educational institutions and 16% of total appointments in direct recruitment for public services and posts within the State. The constitutional validity of the SEBC Act was challenged in this Court. After this Court upheld the validity, the challenge was taken further to the Hon’ble Supreme Court. The Supreme Court initially granted an interim order and then declared the SEBC Act to be unconstitutional. The State of Maharashtra issued Government Resolutions (GRs), regarding candidates who had applied under the SEBC category in the recruitment process for filling up public posts. These candidates were permitted to a

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