What happened in the Supreme Court on 19th November ?

After its filing the case in the form of Special Leave Petititons [SLPs] against the order of the High Court upholding the SEBC (Maratha) reservation Act, they were listed in August 2019. However the SC took up the Ram Janmabhoomi dispute on daily basis and could not hear the SLPs. The SC did hear and decide that case during the last few days of the then CJI. There was talk on various social media groups whether the Ram Janmabhoomi matter was more important than the SEBC (Maratha) reservation Act case. However that misses the point entirely. 

Had the SC taken up the Maratha reservation issue, and decided it either way as regarding stay, it would have caused trouble in the admission process. As it was, the PG admission rigmarole was enough trauma would have replayed itself with much trauma for UG students. It is painful to admit and state that the timing of the judgement of the Bombay HC was fatal. But things are so and wouldn’t be otherwise. The Maratha reservation issue is better dealt with finally and decisively. 2019 batch of student both PG and UG of medical and dental courses was sadly the casualty. Due to the efforts of SMSN and because of the anger shown in the street rallies, and other agitations by various groups, the GoM did try to compensate financial losses arising out of faulty implementation of Maratha Reservation.

For a version of this post in Marathi please click here in Marathi, please click here. 

Many topics were discussed in the meeting between SMSN delegation and the CM in July 2019. This was recorded in the minutes of the meeting issued by the CM’s office. That may have been small consolation for students affected by that botched implementation of both SEBC and EWS reservations for the year starting 2019. Fact of the matter is that in an unprecedented manner the MoM were issued. The concession made therein was clear admission by the GoM that there was some amends to be made.

Be that as it may, at the first hearing the SC refused stay to the implementation of the SEBC and EWS reservation. Earlier on the SC had ruled on implementation of EWS reservation policy by saying that it should not be applied unless the additional seats as contemplated in the EWS policy were created. Some additional seats were created.

The MoM took into account the fact that 12% quota for Marathas and 10% quota for EWS making a total of 22 % of the available seats were affected. On the eve of the Model Code of Conduct coming in to force in Maharashtra, reimbursement of the deficit in private and government medical colleges for these 22% students was announced. Again this will be of help to a small proportion of actual sufferers of the reservation policy, but as the saying goes, you don’t look a gift horse in its mouth.

On to the happenings in the SC on 19.11.2019. It is necessary to understand that parties before court have to follow certain procedure. Evidently, this procedure was not followed by some overenthusiastic parties who wanted to file SLPs just for the sake of filing them. “We too are agitated”, these people wanted to say, “and will do so”, even though that would be detrimental to the interests of the students at large. Absence of overenthusiastic litigants is the least thing the Courts deserve when hearing a matter of such great import. Yet, many groups of petitioners have filed SLPs against the Mumbai High Court order.

These misguided attempts of a few to be in the thick of things have caused multiple issues. The first one is that not all parties were served with notices as per the prescribed procedure. Further, the defects pointed out by the registry of the SC were not corrected in time. Thirdly, with so many caveators appearing before the Court, it is a difficult, time consuming and costly affair to file a matter before the SC. Particularly so when you are being funded by the public. Common sense says that where one suffices, two is more than enough. Evidently, and sadly so, the voice of reason was absent when it was decided by some people that multiple SLPs need to be filed. It was amateurism at play. On a very vital and emotive issue. Sometimes, fans can ruin the game of a champion. The hearing on 19.11.2019 was botched because of lack of understanding that court proceedings are solemn and sincere. You cannot, should not participate in litigation unless you are well informed of the issue at hand.

Being informed on the issue of reservation is a Herculean task. Not many have it in them to understand the issue.   And that is fine. Not many people understand cricket either. For a certainty this much: cricket fans watch matches on TV or live in the stadium.  They don’t, can’t hanker for a seat in the bunker. Their place is on the sidelines. Because they joined the game much later, they are kept on the sidelines. To applaud, cheer the actual players. To provide moral support to the home team as and when required. There are a few volunteers in the crowd around a cricket ground, big or small. Some people are cricket enthusiasts, some are there to keep scores and some are there just for the fun of it. Their worth should be judged according to their level of interest and their understanding of the game.

A game of cricket is pointless if there is nobody to watch. Not all can be players. Why is this simple thing not understood by overenthusiastic people? Too many cooks spoil the broth, they say. Too many advocates agitating the same grounds would be as burden on the judges.

The legality and constitutionality of the SEBC Act is under challenge. Petitions have been filed before the SC. Some have objections pending to be removed. GoM is yet to file its say/affidavit in reply to the application for stay to the effect and implementation of the Maratha reservation. The SC has directed that all defects should be removed and other compliances made. On 29^th November, the date is fixed for other formalities to be completed before the Registrar. The next date of hearing is in January 2020.

Tailpiece: It is more than likely that the SLPs of people other than the original petitioners were the cause of the application for stay not being heard on 19.11.2019. The State did not file its say, secure in the belief that it will escape blame because the hearing would not happen unless the defects were removed. To relieve their anxiety, latecomers to the reservation circus have become the cause for delay – and further anxiety for the genuinely concerned petitioners and their sympathizers.     

                                                                                                            © Adv. Shrirang Choudhary