Mumbai: A batch of petitions has been filed in the Bombay High Court challenging the Maharashtra government’s decision to 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.
Arguments of Legal and Political Controversy
Two new petitions have been filed, along with a third from an individual who had previously challenged the inclusion of Marathas in the Other Backward Classes (OBC) category. These petitions argue that the government’s decision is arbitrary, unconstitutional, and illegal, calling for the quashing of the government resolution (GR).
One petition claims that the resolution is an act of political expediency, aimed at appeasing the Maratha community, which is a politically influential group. It also contends that the government has contradicted itself over its stance on Maratha reservations, shifting its position without clear reasoning.
Bench Scheduled to Hear Petitions
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad is expected to hear the petitions in due course.
Reservation System Concerns
The petitioners argue that the government’s actions undermine the reservation system meant to uplift marginalised communities. Shiva Akhil Bhartiya Veershaiva Yuvak Sanghatana, which filed one of the petitions, pointed out that multiple reports by the State Backward Classes Commission and the National Backward Classes Commission show that Marathas and Kunbis are distinct communities.
The petition argues that Marathas cannot be treated as Kunbis for the purpose of caste certification, asserting that the government is misrepresenting the communities’ identities for political gain.
Public Interest Litigation and OBC Concerns
Another public interest litigation (PIL), filed by advocate Vinit Vinod Dhotre, alleges that the government’s decision to extend OBC status to Marathas is unjust. It argues that the Maratha community is politically dominant and socially advanced, and that including them in the OBC category dilutes the reservation share of genuine OBC communities. This has led to growing discontent among OBC groups, who believe that the decision will disadvantage them.
Earlier Petitions Amended
In addition, Manoj Sasane, who had filed a petition earlier challenging government decisions dating back to 2004, sought to amend his plea to also challenge the latest GR. Sasane, who chairs the OBC Welfare Foundation, has been an active critic of the government’s stance on Maratha reservations. His petition claims that Marathas have been wrongfully allowed to obtain Kunbi caste certificates, which he believes is inconsistent with the law.
Protests and Public Disruption
The controversy intensified after quota activist Manoj Jarange staged an indefinite hunger strike in late August 2023, demanding the issuance of Kunbi caste certificates to Marathas. His protest, which lasted for five days in south Mumbai, caused significant disruptions in the city, leading the Bombay High Court to criticize the resulting paralysis.
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Government Resolution Issued
On September 2, 2023, the Maharashtra government issued a resolution based on the Hyderabad gazetteer, creating a committee to facilitate the issuance of Kunbi caste certificates to Marathas from Marathwada who can provide documentary evidence proving their Kunbi heritage.
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