A division bench of the Bombay High Court on Monday recused itself from hearing a batch of petitions challenging the Maharashtra governmentโs decision to issue Kunbi caste certificates to members of the Maratha community, which would enable them to claim reservation benefits under the Other Backward Classes (OBC) category.
The petitions, five in total, have been filed by organisations representing OBC groups including the Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal. They have alleged that the state governmentโs move is arbitrary, unconstitutional, and bad in law, and sought that it be quashed.
The matter was listed before a bench comprising Justices Revati Mohite Dere and Sandesh Patil. At the outset, Justice Patil declined to take up the matter for hearing, without giving specific reasons. Consequently, the bench recused from the case. The petitions will now be placed before the bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad in due course.
The petitioners argued that the stateโs resolutions altered the criteria for issuing caste certificates of three categories โ Kunbi, Kunbi Maratha, and Maratha Kunbi โ in a manner that was โvagueโ and likely to cause โutter chaos.โ They contended that the decision amounted to a backdoor entry of Marathas into the OBC category through a โconfusing and circuitous method.โ
The governmentโs decision followed the five-day hunger strike by Maratha quota activist Manoj Jarange at Azad Maidan in Mumbai starting August 29. Jarange and his supporters paralysed parts of south Mumbai, prompting the High Court to remark that the city had been brought to a standstill.
Subsequently, on September 2, the state issued a government resolution (GR) based on entries in the Hyderabad gazetteer, enabling Marathas who could produce historic documentary evidence showing Kunbi lineage to apply for Kunbi caste certificates. A committee was also set up to oversee the process.
The move has triggered discontent among existing OBC communities, who argue that their quota share would be diluted if Marathas are included in the category. The petitioners claimed the government failed to follow constitutional norms while issuing the GR, which they said was legally unsustainable.
The matter is now expected to come up before the Chief Justiceโs bench for further directions.
