Bombay HC Issues Notice To Maharashtra Govt On PIL Challenging Kunbi Certificates For Marathas

Mumbai: The Bombay High Court on Thursday issued notice to the Maharashtra government on a PIL challenging the government’s decision to grant Kunbi certificates to the Maratha community in the state.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar, on government’s request, granted it four weeks to file its reply.

The HC was hearing a PIL filed by Mangesh Sasane, Chairman of 'OBC Welfare Foundation', stating that the government’s decision of granting Kunbi certificates to the Maratha community would “eat into” the reservation of the Other Backward Classes (OBC).

The plea challenges the five government resolutions (GR) issued from 2004 permitting the Marathas to seek Kunbi certificates. It has also challenged the constitution of the Justice (retired) Sandeep Shinde committee, formed to study the procedure of giving Kunbi (OBC) certificate to Marathas and the report the panel submitted to the government.

The gazette notification issued by the state social justice department on January 26 night sought to amend the Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes & Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012. These rules prescribe norms and regulations for issuance and verification of caste certificates to people belonging to various categories.

The petitioner claimed that earlier, the process of granting Kunbi certificate to the Maratha community was difficult but now with every agitation, a new decision is issued and the process is being eased. This is done just to ensure that every Maratha person gets a Kunbi certificate “through backdoor entry”, it adds.

The plea pointed out the Supreme Court, in 2021, had struck down the Maratha reservation in education and public employment granted through the Socially and Educationally Backward Classes (SEBC) Act, 2018. “Now the government by including Marathas in OBC is eating into the share of the OBC,” it claimed.

On January 20, Maratha rights activist Manoj Jarange-Patil began a march to Mumbai from Antarwali Sarathi, demanding issuance of Kunbi certificates to all Marathas that would entitle them to benefits under the quota earmarked for the OBCs.