Bombay HC Recuses From Hearing Petitions On Kunbi Caste Certificates For Marathas

Mumbai: A bench of the Bombay High Court on Monday recused itself from hearing a batch of petitions challenging the Maharashtra government’s decision to issue Kunbi caste certificate to persons from the Maratha community from Marathwada region for reservation.

OBC Groups Raise Objections

Five different petitions have been filed by persons from the Other Backward Classes (OBC) category claiming that issuing Kunbi caste certificates to the Maratha community would consequently include them in the OBC category, thereby eating into their share of quota.

Bench Recusal

On Monday, the petitions came up for hearing before a bench of Justices Revati Mohite-Dere and Sandesh Patil. However, Justice Sandesh Patil, said he cannot take up the pleas for hearing following which the bench recused.

Next Steps in Hearing

The petitions will now be placed for hearing before a bench headed by Chief Justice Shree Chandrashekhar in due course of time.

Petitioners Involved

The petitions have been filed by - Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanad Mandalik and Maharashtra Nabhik Mahamandal.

Background of the GR and Controversy

On September 2 this year, the state issued another GR wherein it was decided to issue Kunbi caste certificates to members of the Maratha community from the Marathwada region, which has sparked legal and political controversy. The GR was issued following Manoj Jarange’s indefinite hunger strike at Azad Maidan from August 29. The agitation that lasted for five days, brought the city to a stand still.

Allegations of Arbitrariness

The petitions challenge the GR, calling it “arbitrary, unconstitutional and politically expedient”. One plea argues that the government has “contradicted itself” by shifting stances on Maratha quota without cogent reasoning.

Concerns over Caste Certificate Changes

The plea filed by Kunbi Sena said the government resolutions changes the basis and criteria for issuance of caste certificates of three castes - Kunbi, Kunbi Maratha and Maratha Kunbi. The resolutions are “vague” and would result in “utter chaos”, the petition said.

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It read: “The decision is a circuitous method of granting caste certificates to the Maratha community from Other Backward Classes by a confusing and vague procedure, which is inclusion of the community in the OBC category.”

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