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2019 (6) TMI 1677 - HC - Indian LawsMaintainability of petition - Validity of Ordinance which came into force on 20th May, 2019 - amendment in Section 16 of the 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 - HELD THAT:- Based upon the weighty arguments advanced on behalf of the respondents and intervenors by their respective learned Senior Counsel, learned counsel and learned Government Pleader, the answer would have to be given as in the negative, that the petition could not be admitted. It may be pointed out here that the petitioners also knew that the directions given in the order dated 4th June, 2019 were likely to have a prohibitive impact on this petition. This can be seen from the averments made in paragraphs 8 and 9 of the Misc. Application filed before the Hon'ble Supreme Court. One of the averments is that 16% seats, reserved in favour of the socially and educationally backward classes (SEBC), are subject matter in this petition and therefore the decision in this petition is likely to substantially affect the admisision process. The other submission was that with such impact on the admission process and embargo placed upon entertaining further petition/application in respect of the “admission for the present academic year” a clarification was due that clause (9) of the order passed by the Hon'ble Supreme Court on 4th June, 2019 would not come in the way of the High Court while deciding the present petition, particularly, keeping in view the order dated 24th May, 2019 passed by the Hon'ble Apex Court. But, the application was rejected observing that order dated 4th June, 2019 required no clarification. Such rejection according to us has only made it even more clear that this petition being of such a nature as would have a substantial impress on the “admission for the present academic year” one way or the other, now cannot be entertained by this Court. Petition dismissed as not maintainable.
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