Mumbai, Feb 14 : The Bombay High Court has raised serious questions over a 27-year delay by the NGO Youth for Equality in challenging a 1994 Government Resolution (GR) that granted a 2% reservation to Special Backward Classes (SBCs) in Maharashtra’s public services. A bench comprising Chief Justice Alok Aradhe and Justice Bharati Dangre directed the NGO to file an affidavit justifying the delay, emphasizing that the doctrine of delays and laches applies to Public Interest Litigations (PILs) as well. The court remarked, “The notification dates back to 1994, yet you’re challenging it after 27 years. Where is the explanation for this delay?” The bench highlighted the importance of timely challenges in PILs to maintain judicial efficiency and prevent unnecessary litigation.

In defense, the petitioner’s counsel, Pradeep Sancheti, argued that the delay was due to the notification not being implemented until 2004 and because of similar petitions pending before administrative tribunals. Sancheti explained that the issue was framed as a conflict between one class and the general category, which justified the NGO’s involvement. However, the court remained unconvinced, stating that such a prolonged delay could not be overlooked. Additionally, the bench questioned the NGO’s decision to file a PIL on behalf of the affected individuals, noting that the aggrieved parties were neither poor nor illiterate and were capable of approaching the court themselves. “Why have you filed a PIL on their behalf when they are capable of coming to court?” the judges asked, suggesting that the affected individuals should have been the petitioners.

The PIL, filed in 2021, challenges the 1994 State government decision that created the SBC category and allotted a 2% reservation in government jobs, pushing total reservations in government jobs to 52%, exceeding the 50% cap set by the Supreme Court. The petitioner argued that the decision was politically motivated and lacked justification for including the castes under the SBC category. The court noted that the NGO needed to substantiate its claims and provide a detailed explanation for the delay. The next hearing is scheduled for March 10, where the court expects a comprehensive affidavit from Youth for Equality. This case could potentially impact reservation policies in Maharashtra, bringing renewed scrutiny to decades-old affirmative action decisions.