The Bombay High Court on Wednesday sought clarification from an NGO regarding a 27-year delay in challenging a 1994 Government Resolution (GR) that granted 2% reservation for Special Backward Classes (SBCs) in Maharashtra’s public services.

A bench led by Chief Justice Alok Aradhe and Justice Bharati Dangre directed the petitioner, Youth for Equality, to submit an affidavit explaining the delay by the next hearing. The bench questioned the petitioner's reasoning: "The notification dates back to 1994, yet you're challenging it after 27 years... the doctrine of delays and laches applies to PILs as well. Where is the explanation for this delay?"

The petitioner's counsel argued that the delay was due to the fact that the notification was not implemented until 2004 and due to similar petitions pending before administrative tribunals. However, the Court emphasized that the delay could not be disregarded.

Further, the Court raised concerns about the nature of the Public Interest Litigation (PIL), pointing out that the alleged aggrieved parties were neither poor nor illiterate and could have approached the court directly. "Why file a PIL on behalf of the aggrieved parties when they are capable of approaching the court themselves?" the bench asked.

The petition, filed in 2021, challenged the 1994 decision by the State government to create the SBC category and provide a 2% reservation in government jobs. The petitioner argues that this provision pushes the total reservation in government jobs for various special or scheduled categories to 52%, exceeding the Supreme Court's mandated 50% limit.

The petitioner further contended that the 1994 decision was politically motivated, as the notification did not demonstrate any extraordinary circumstances that warranted the SBC category. Additionally, the petitioner stated that the Maharashtra government had failed to prove the backwardness of the castes included in the SBC category.

The Court has scheduled the next hearing for March 10.