In a major relief for the Maharashtra government, the Bombay High Court (HC) has rejected a petition (one of the multiple cases filed) challenging the government to accept the Hyderabad Gazette for issuing Kunbi caste certificates to the Maratha community.
On Thursday, the HC raised questions over the maintainability of the public interest litigation (PIL) and dismissed the petition filed by Advocate Vinit Dhotre. The petitioner had challenged the Government Resolution (GR) on the grounds that it extends OBC status to the Maratha community, without sufficient data and violates Article 14 of the Constitution.
On September 2, the Maharashtra government issued a document that allows entries in the Hyderabad Gazette to be considered for issuing Kunbi certificates to the Maratha community. Chief Minister Devendra Fadnavis and other senior ministers in the government had made it clear that only those who can produce documentary evidence of Kunbi lineage will be issued certificates.
Immediately after the GR, the upset Other Backward Classes (OBC) community members and leaders opposing the government decision moved the court. Subsequently, multiple petitions have been filed in the court challenging the latest GR on the Maratha reservation. Dhotre’s petition was among them and has now been dismissed, while the others are still pending before the court.
Till late evening, no government official or minister reacted to the development. However, last week, when asked about multiple petitions in the court challenging the GR, Fadnavis maintained that the GR was issued after studying all legalities. “I am sure the GR will sustain in the court too,” Fadnavis had said. At the time, he even claimed that many people were reacting to the GR without studying it. “The GR has not touched or altered the OBC quota. Till our government is in power, we will ensure that while doing justice for one, no injustice will be done to another community,” Fadnavis asserted.
OBC strongman Chhagan Bujbal, who is also a minister in the Maharashtra government, has asked the government to withdraw or amend the GR. Bhujbaj, a senior leader from the Ajit Pawar-led NCP camp, is an MLA from the Yeovla Assembly constituency of Nashik district.
