Mumbai: A petitioner who has been contesting the Maharashtra government’s policy of granting Kunbi caste certificates to Marathas has once again sought to move the Bombay High Court, this time challenging the latest government resolution (GR) issued on September 2. The GR implements the Hyderabad Gazette to extend Kunbi status to Marathwada Marathas.
Background of the Petition
The petition was first filed last year by Mangesh Sasane, chairman of the OBC Welfare Foundation, questioning five GRs issued since 2004 that permitted Marathas to seek Kunbi certificates. Sasane has now sought to amend his original petition to include the challenge to the September 2 resolution.
Court Proceedings
On Wednesday, he mentioned his plea before a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad which directed him to file a formal amendment application. The matter will be heard on September 15.
Concerns Over OBC Quota
Sasane’s public interest litigation (PIL) argues that the government’s decisions to expand Kunbi certification for Marathas would “eat into” the reservation quota of the Other Backward Classes (OBCs). He had also challenged the constitution of the Justice (retired) Sandeep Shinde committee, which studied the process of granting Kunbi certificates to Marathas and submitted its report to the government.
Earlier Court Action
The high court had earlier, on October 10, 2024, issued notice to the state government on Sasane’s PIL.
His plea had also opposed the gazette notification issued by the social justice department on January 26, 2024, amending 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. The amendment prescribes fresh norms for issuing caste certificates and effectively facilitates easier access for Marathas to obtain Kunbi certification.
According to the petitioner, earlier the procedure for Marathas to secure Kunbi status was stringent. However, successive agitations have led the government to repeatedly dilute the process, allegedly creating a “backdoor entry” for Marathas into the OBC category.
Petitioner’s Argument
The PIL also cites the Supreme Court’s 2021 judgment striking down the Socially and Educationally Backward Classes (SEBC) Act, 2018, which had granted reservation to Marathas in education and public employment. “Now the government, by including Marathas in OBC, is eating into the share of the OBC,” the plea argues.
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The controversy has been fueled by the agitation led by activist Manoj Jarange, who sat on a hunger strike at Azad Maidan on August 29. His supporters had brought the city to a standstill for five days. The agitation was finally called off after the new GR was issued on September 2 after the government accepted most of his demands.
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