Mumbai: The Bombay High Court on Saturday questioned whether the Maharashtra government’s recent resolution (GR) on granting Kunbi certificates to Marathas from Marathwada would have any bearing on the 10% reservation already granted to the community, last year, under the Socially and Educationally Backward Classes (SEBC) category.
Bench Probes Constitutional Validity Of SEBC Act
A special three-judge bench of Justices Ravindra Ghuge, NJ Jamadar and Sandeep Marne is hearing petitions challenging the constitutional validity of the Maharashtra State Reservation for SEBC Act, 2024.
Kunbi Certificates Under September 2 GR
On September 2 this year, the state issued another GR wherein it was decided tos issue Kunbi caste certificates to members of the Maratha community from the Marathwada region. The certificates would allow them to avail reservations in education and public services, which has sparked legal and political controversy.
Court Questions Parallel Quotas
Taking note of the September 2 GR, the court asked: “How is this (under SEBC Act) reservation to impact the new reservation?”
Petitioners Oppose Dual Benefits
Senior advocate Pardeep Sancheti, appearing for some petitioners opposing the quota, argued that the two categories could not run parallelly.
“It is not that all Marathas will get Kunbi certificates. Only those who can prove Kunbi lineage will. A large part of Kunbis are already part of the OBC list. By this new GR, a few more Marathas are being added to that category. Both reservations cannot co-exist,” he submitted.
The bench noted that the state had not clarified whether it intended to continue both quotas or withdraw one. “(Recent) Agitation was for including all Marathas under OBC. Now we have SEBC reservation and some under OBC. Both can coexist?” the court asked.
AG Clarifies Limited Scope Of GR
Advocate General Birendra Saraf maintained that the September 2 GR is confined to Marathwada Marathas who can trace their origins to Kunbis. “So this GR facilitates those Marathas who are Kunbis to get reservation under OBC. They will have to establish, under the new GR, that they are Kunbis and then they will get reservation benefit,” Saraf said.
He added: “This GR facilitates enquiry for people asserting Kunbi status. They will have to prove their lineage. I don’t think the GR will have any impact on SEBC reservation.”
SEBC Act Under Judicial Review
The bench is seized of a clutch of pleas challenging the SEBC Act, 2024, under which the Mahayuti government enacted a 10% quota for Marathas in jobs and education. The law relies on a report by the State Backward Class Commission led by Justice (retd) Sunil Shukre, which cited “exceptional circumstances” to justify breaching the Supreme Court’s 50% cap on reservations.
Interim Relief Continues
The HC has clarified that its interim order of April 2024 — making admissions and appointments under the law subject to final outcome — will continue. The matter will continue on October 4.
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Separate Pleas Challenge GR
Meanwhile, a separate set of petitions have already been filed challenging the September 2 GR itself, 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. The petitions are likely to be heard before a bench headed by Chief Justice Shree Chandrashekhar next week.
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