The Bombay High Court on Tuesday refused to grant an interim stay on the implementation of the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community who can substantiate their Other Backward Classes (OBC) antecedents.
Five petitions were filed by individuals from the OBC category who argued that issuing Kunbi certificates to Marathas would eventually lead to their inclusion in the OBC reservation quota, thereby impacting their own opportunities.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad briefly heard the petitioners, one of whom requested the stay as interim relief. The bench stated that it was not prepared to grant any temporary injunction, noting that the issue could only be decided after seeking a formal response from the government.
"We are at this stage not elaborating upon the issues raised by the petitioners and would hence decline to grant any interim relief," the bench said. The court issued a notice to the Maharashtra government, directing it to file an affidavit in response to the petitions.
Advocate General Birendra Saraf, appearing for the government, opposed the pleas. He argued that the petitioners were not "aggrieved persons" as the government resolution (GR) on granting Kunbi certificates to eligible Marathas did not directly affect them.
The High Court has posted the matters for further hearing in four weeks.
The Government Resolution (GR) was issued on September 2nd following a five-day protest by Maratha quota activist Manoj Jarange at Azad Maidan. The resolution, based on implementing the Hyderabad gazetteer, allows eligible members of the Maratha community who can prove their OBC heritage to apply for Kunbi caste certificates, which in turn permits them to claim quota benefits under the OBC category.
The petitions, filed by groups including the Kunbi Sena, Maharashtra Mali Samaj Mahasangh, and Maharashtra Nabhik Mahamandal, claimed the government's decision was arbitrary, unconstitutional, and bad in law, demanding that the resolution be quashed.
The Kunbi Sena argued that the resolutions change the basis and criteria for issuing caste certificates for three distinct castes—Kunbi, Kunbi Maratha, and Maratha Kunbi. The petition labelled the resolutions as "vague," asserting they would lead to "utter chaos" and result in "a circuitous method of granting caste certificates to the Maratha community from Other Backward Classes by a confusing and vague procedure."
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