(1.) All the writ petitions are heard by consent as assigned expressly. The issues are common and, therefore, this concluding common decision.
(2.) The constitutional reservation policy always put the respective State Government in imbroglio. It is going to last long, as no one in the present scenario or otherwise is in frame of mind to compromise. Having once granted the constitutionally recognized reservation in diverse areas including in the state employment, it's total abolition is unwarrantable and without a solution. The legitimate rights once created and settled, since so many years, just cannot be taken away by a stroke of pen. It is not the case of grant of the reservation in service for the first time but question is of its continuance or discontinuance in part or full. Therefore, the crux of the matter is whether existing reservation policy, in the State employment, can be taken away by declaring such Reservation Statute and the Promotion Circulars, ultra vires or illegal. To understand such situation and the dilemma of all the concerned, we have to see the constitutional provisions and the existing Reservation Policy.
(3.) The constitutional validity of Maharashtra State Public Services (Reservations for Scheduled Castes, Scheduled Tribes, De - notified Tribes (Vimukta Jatis), Nomadic Tribes, Special Backward Category and Other Backward Classes) Act, 2001 (the Reservation Act) and Government circular ,( GR No. BCC 2001/1887/PR. KR. 640/01/16B dated 25.05.2004) (The Promotion Circular) issued by the State of Maharashtra (The State) has been the focus of the writ petitions.