Pune : The Bombay High Court on Tuesday has refused to grant interim relief to a series of petitions filed by representatives of the Kunbi and Other Backward Classes (OBC) communities challenging the Maharashtra government's September 2 Government Resolution (GR) that permits Marathas from the Marathwada region to obtain Kunbi caste certificates based on entries in the Hyderabad Gazette.
A division bench of Chief Justice Shree Chandrashekar and Justice Gautam Ankhad declined to stay the implementation of the GR at this stage, while directing the state government to file its reply within four weeks.
The court was hearing five petitions filed by various OBC organisations and community representatives -- including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.
The petitioners argued that the government's decision to issue Kunbi certificates to Marathas is "arbitrary, unconstitutional, and politically motivated," contending that it effectively extends OBC reservation benefits to a new group, thereby diluting existing quotas meant for long-recognised OBC communities.
The court was hearing five petitions filed by various OBC organisations and community representatives -- including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.
The petitioners argued that the government's decision to issue Kunbi certificates to Marathas is "arbitrary, unconstitutional, and politically motivated," contending that it effectively extends OBC reservation benefits to a new group, thereby diluting existing quotas meant for long-recognised OBC communities.
The petitions assert that the September 2 GR, which followed Maratha activist Manoj Jarange's hunger strike at Azad Maidan demanding reservation for the Maratha community, creates confusion and alters the established process for caste certification.
The plea reads:
"The decision is a circuitous method of granting caste certificates to the Maratha community from Other Backward Classes by a confusing and vague procedure, which could lead to utter chaos."
The OBC petitioners maintain that the state has acted without proper legal or sociological basis, claiming that inclusion of Marathas under the OBC category through administrative fiat violates constitutional principles of equality and fair representation.
The High Court will next hear the matter after the state government files its affidavit in response to the petitions.