The Bombay High Court (HC) on Tuesday declined to grant an interim stay on petitions challenging the Maharashtra government`s decision to issue Kunbi caste certificates to Maratha community members who can prove their OBC lineage, news agency PTI reported.
Five petitions, filed by various OBC groups and members, argued that the move would effectively include Marathas in the OBC category, impacting existing reservations.
The petitioners sought a stay on the implementation of the Government Resolution (GR) issued on September 2, which allows eligible Marathas to obtain Kunbi certificates based on their OBC antecedents, in reference to the Hyderabad Gazetteer, PTI reported.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad stated that it was not inclined to grant interim relief at this stage, noting that a detailed response from the government was needed before any decision could be made. The court issued a notice to the Maharashtra government, directing it to file a reply affidavit, and posted the matter for hearing after four weeks.
Advocate General Birendra Saraf, appearing for the state, opposed the petitions, arguing that the petitioners were not directly affected by the GR and thus had no locus standi.
The petitioners, including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal, described the GR as vague, arbitrary, and unconstitutional, PTI reported.
They argued that the resolutions altered the criteria for caste certification for Kunbi, Kunbi Maratha, and Maratha Kunbi categories, and warned that the policy would create confusion and lead to “utter chaos”.
The GR was issued following a five-day protest by Maratha quota activist Manoj Jarange at Azad Maidan, demanding inclusion of eligible Marathas in the OBC category.
OBC leaders demand withdrawal of GR on Maratha Kunbi records
In a meeting with Chief Minister Devendra Fadnavis in Mumbai on Saturday, a delegation of Other Backward Classes (OBC) leaders demanded the immediate withdrawal of the Government Resolution (GR) issued on September 2. The GR recognises the records of the Hyderabad Gazette as a valid document for issuing Kunbi certificates for the Maratha community.
OBC strongman Chhagan Bhujbal (NCP), as well as BJP ministers Chandrashekar Bawankule, Pankaja Munde, and Atul Save, were joined by nearly 35 other representatives of the community in the meeting. The delegation members also alleged that forged and over-written documents were being used to obtain certificates. The state has warned of stern legal action and punishment against officials found issuing false caste certificates or applicants using forged documents to obtain the caste certificate. After the meeting, OBC sub-committee chairman and Maharashtra revenue minister Bawankule said, “The OBC sub-committee will verify such cases and documents before the government takes a call.”
Reacting to the development, Maratha activist Manoj Jarange said that one cannot withdraw the GR in such a manner, merely because a section of community members are pressurising the government to do so.
Senior BJP leader Bawankule claimed that GR does not ensure “sarsakhat” (across the board) certificates for Maratha community. “We will ensure that GR is not misused to obtain a caste certificate,” the minister added.
(With PTI inputs)
