A division bench of the Bombay High Court has recused itself from hearing a number of petitions challenging the Maharashtra government's decision to issue Kunbi caste certificates to members of the Maratha community for reservation.
The bench, comprising Justices Revati Mohite Dere and Sandesh Patil, did not specify a reason for its decision.
The five petitions were filed by groups and individuals from the Other Backward Classes (OBC), including the Kunbi Sena and the Maharashtra Mali Samaj Mahasangh. They argued that the government’s decision is an "arbitrary" and "unconstitutional" measure that would unfairly include the Maratha community in the OBC category. The petitioners claim the government resolutions are "vague" and would result in "utter chaos."
The government's decision was a direct result of the hunger strike staged by quota activist Manoj Jarange from August 29. During his five-day protest, which drew the ire of the High Court for "paralysing" Mumbai, the government issued a resolution on September 2, based on the Hyderabad gazetteer. It announced the formation of a committee to issue Kunbi caste certificates to Marathas who can provide documentary evidence of their Kunbi identity from the past. The move has caused restlessness among OBCs as it would enable eligible Marathas to claim quota under the OBC category.
The petitions will now be placed for hearing before a new bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.
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