The Bombay High Court on Tuesday refused to grant an interim stay on the Maharashtra government’s September 2 Government Resolution (GR) that allows Marathas from the Marathwada region to obtain Kunbi caste certificates under the Hyderabad Gazette.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad directed the state government to file its reply within four weeks. The court, however, said it would not make any observations at this stage regarding the state’s exercise of power in issuing the GR.
The court was hearing a batch of petitions filed by representatives of the Kunbi and Other Backward Classes (OBC) communities challenging the
The petitions filed by organisations including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal contend that the move will effectively include Marathas in the OBC category, diluting existing reservation benefits.
Senior advocates Anil Anturkar and Venkatesh Dhond, appearing for the petitioners, argued that the GR is “arbitrary, unconstitutional and politically expedient.” They pointed out that by allowing persons from Marathwada to claim Kunbi certificates on the basis of an affidavit, the government had opened a “backdoor entry” into the OBC category.
Anturkar said that the Supreme Court had held that any major policy affecting a backward class requires consultation with the National Commission for Backward Classes. This GR is in violation of that mandate.
Seeking urgent interim relief, Anturkar argued that the civic elections across Maharashtra are soon to take place, and the otherwise ineligible persons may take advantage of the GR and get a certificate to contest from seats meant for reserved categories. “It would lead to an irreversible situation,” Anturkar argued.
Dhond argued that while petitioners have “peripheral concerns,” the language of the GR — referring to ‘Kunbi’, ‘Kunbi Maratha’, or ‘Maratha Kunbi’ — was “inadvertently worded to allow ineligible persons entry into the OBC category”.
He cited past findings of the Kaka Kelkar Commission, B.D. Deshmukh Committee, Mandal Commission, and the Supreme Court’s 2021 judgment, all of which had made a clear distinction between Marathas and Kunbis.
The court noted that the issue of validity of the GR could only be decided after receiving the state’s response. “At this stage, we are not inclined to grant any interim relief,” the bench said, clarifying that its refusal would not prejudice the petitioners during final hearing.
Advocate General Birendra Saraf, appearing for the state, opposed the petitions, contending that the petitioners were “not aggrieved persons” and could not challenge the GR on such grounds.
The court issued notices to the respondents, And asked the State government’s Department of Social Justice to file its reply in four weeks. It also allowed intervention applications filed by parties supporting the state government.
