Bombay HC Dismisses PIL By Advocate Against GR Granting Kunbi Certificate To Marathas From Marathwada

Mumbai: The Bombay High Court on Thursday dismissed a public interest litigation (PIL) filed by advocate Vinit Vinod Dhotre challenging the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community for reservation benefits, holding that he was not an “aggrieved person.”

Bench Notes OBC Petitions Already Pending

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that persons directly affected—those from the Other Backward Classes (OBC) category—have already approached the court, with their petitions listed before another bench on September 22.

PIL Termed Misconceived

“At this stage, this public interest litigation is thoroughly misconceived. It was open for the aggrieved persons (to challenge the government decision), not for any person,” the court said. It further observed: “Malice in law can be taken up only by aggrieved persons, and these petitioners are not aggrieved persons.”

Challenge to Government Resolution Dated September 2

The PIL had questioned a government resolution (GR) dated September 2, which permits issuing Kunbi certificates to Marathas from Marathwada. The move followed a five-day agitation led by Maratha quota activist Manoj Jarange staged an indefinite hunger strike for five days from August 29 at Azad Maidan in south Mumbai.

Court Stresses Avoiding Multiplicity of Litigation

Without examining the merits of the GR, the bench underlined that courts must discourage PILs where individuals already affected by the decision are before the judiciary.

“It is in public interest that there should not be multiplicity of litigations,” the judges said, adding that the very purpose of a PIL is to ensure a section of society that may otherwise remain unheard gets a voice in court.

PIL Dismissed, Liberty to Intervene Granted

“This particular PIL is not one where we should grant any indulgence. We are therefore not inclined to entertain this PIL and the same is dismissed,” the bench declared.

However, it granted Dhotre the liberty to seek intervention in the pending OBC petitions. “If the other bench feels that it requires these petitioners’ assistance then (judges) they may decide to hear them,” the court said.

Arguments on Maintainability

Dhotre’s counsel argued that the PIL was maintainable since the petitioner belonged to a Scheduled Caste and any amendment in reservation laws would affect all reserved classes. Opposing this, Advocate General Birendra Saraf submitted that the GR “has got nothing to do with the SC community.”

State’s Decision and OBC Unrest

Dhotre’s plea alleged that the government’s decision was “arbitrary, unconstitutional and bad in law” and sought that it be quashed. Four separate petitions by OBC members have since been filed challenging the same GR, which are scheduled to be heard by a bench led by Justice Revati Mohite Dere on Monday.

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Implementation of Hyderabad Gazetteer

On September 2, the state had issued the GR implementing the Hyderabad gazetteer and set up a committee to facilitate the issuance of Kunbi caste certificates to Marathas who can show documentary proof of Kunbi lineage. The decision, aimed at extending OBC quota benefits to eligible Marathas, has triggered unrest among the OBC community.

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