Pleas Filed In Bombay HC Against GR For Kunbi Certificates To Marathas

Bombay High Court

Multiple petitions have been filed in the Bombay High Court challenging the Maharashtra government’s recent decision to allow members of the Maratha community to obtain Kunbi caste certificates in order to avail of educational and employment reservations under the OBC category.

Two fresh petitions have been filed against the government’s decision, while another petitioner, who had earlier challenged the inclusion of Marathas in the OBC category, has sought to amend his plea to also challenge the latest resolution. The petitions argue that the government’s move is arbitrary, unconstitutional, and “bad in law,” warranting intervention by the court.

One petition described the decision as an act of political expediency aimed at appeasing the Maratha community, a politically influential group in the state. It further claimed that the government has been inconsistent and contradictory in its stance on granting reservations to Marathas.

A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad is expected to take up these pleas for hearing in the near future.

Earlier Petitions

On Wednesday, Manoj Sasane, chairperson of the OBC Welfare Foundation and the petitioner behind an earlier case, sought permission to amend his petition to challenge the new resolution as well. The bench allowed him to file an application for the amendment.

Sasane’s earlier petition had questioned several government decisions dating back to 2004 that allowed Marathas to claim Kunbi caste certificates. He alleged that these measures undermine the interests of genuine OBC communities.

PIL Seeks Quashing Of Government Resolution

Last week, advocate Vinit Vinod Dhotre filed a public interest litigation accusing the government of arbitrarily granting OBC status to Marathas, a community considered politically dominant and socially advanced. The PIL claimed that this move discriminates against real OBC communities by reducing their share of reservations.

Another petition, filed by the Shiva Akhil Bhartiya Veershaiva Yuvak Sanghatana trust, cited reports from the State and National Backward Classes Commissions, stating that Maratha and Kunbi are distinct communities and cannot be treated as identical for reservation purposes.

The petitions have sought the quashing of the government’s resolution and requested an interim stay on its implementation until the matter is resolved.

Background

The government’s resolution followed an indefinite hunger strike led by quota activist Manoj Jarange from August 29 at Azad Maidan in south Mumbai. The protest lasted 5 days and affected key parts of the city, prompting criticism from the Bombay High Court for paralysing civic life.

Previously on September 2, the state government issued a resolution based on the Hyderabad gazetteer and announced the formation of a committee to facilitate the issuance of Kunbi caste certificates to Marathas who can prove their historic association with the Kunbi community.