Chhatrapati Shahu Foundation ... vs The Union Of India Through ...
2021 Latest Caselaw 363 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                          WRIT PETITION NO. 119 OF 2021

 Chhatrapati Shahu Foundation
 Shahanurwadi, Aurangabad
 and another                                   ... Petitioner.
          Versus
 The Union of India
 and another                                   ... Respondents.
                                       ....
 Mr. S.P. Pingle, Advocate for the Petitioner.
 Mr. D.R. Kale, I/c. Government Pleader for Respondent / State.
                                   ....

                               CORAM : S.V. GANGAPURWALA AND
                                         SHRIKANT D. KULKARNI, JJ.

DATE : 07th JANUARY, 2021 PER COURT:-

1. The petitioner seeks direction against respondent No.1 to

include the Maratha community in the central list of OBC for State of

Maharashtra.

2. We have heard the learned counsel for the petitioner for some

time.

3. It appears that the Maratha community is placed under SEBC as

per the Maharashtra State Reservation for Seats for Admission in

Educational Institutions in the State and for appointments in the

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public services and posts under the State (for Socially and

Educationally Backward Classes) (SEBC) Act, 2018. The said Act

was subject matter of challegne before this Court at its Principal Seat

in Public Interest Litigation No. 175 of 2018 with connected matters.

The Division Bench of this Court at the Principal Seat disposed of the

said petition upholding the enactment placing the Maratha

community under SEBC. It partially set aside the quantum of

reservation fixed at 16% and recommended 12-13% reservation. The

said judgment of the Division Bench at the Principal Seat is subject

matter before the Apex Court. It is submitted that the Apex Court has

granted stay. The Apex Court is seized with the matter.

4. The learned counsel for the petitioner tried to contend that

though the matter is pending before the Apex Court that would not

affect the powers of the Central Government to place the Maratha

community under OBC category.

5. The Act placing the Maratha community under SEBC is in force.

The same has been upheld by the Division Bench of this Court at

Principal Seat and the said judgment is the subject matter before the

Apex Court. The Apex Court is seized with the matter.

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6. As the Apex Court is seisin with the matter, it would be

inappropriate for this Court to dilate upon including the Maratha

community in the central list of OBC for State of Maharashtra. .

7. In light of above, we adjourn the matter sine die. The petitioner

would be at liberty to move after the Apex Court decides the issue.

 ( SHRIKANT D. KULKARNI )                     ( S.V. GANGAPURWALA )
         JUDGE                                         JUDGE
 S.P. Rane




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