Bombay HC To Hear Petitions Challenging Maharashtra GR Granting Kunbi Certificates To Marathas On October 7

Mumbai: The Bombay High Court will on Tuesday hear a batch 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 allows Marathas from Marathwada to obtain Kunbi caste certificates under the Hyderabad Gazette.

Petitioners Cite Vagueness in GR

Senior advocate Venkatesh Dhond, appearing for one of the petitioners, argued that the new GR is so “delightfully vague” that it could “permit backdoor entry for those who don’t otherwise fit in.” The petitions seek to quash the GR and all related documents issued in pursuance of it.

Bench Questions Entertaining Plea

During the brief hearing on Monday, the bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad questioned whether such a plea could be entertained, asking, “How can there be a mandamus to quash a GR?”

Permission for Amendments Granted

Dhond informed the court that minor amendments would be made to the petitions. Granting permission, the bench said the petitioners may “reflect on prayers made in the petition and, if necessary, carry out” the amendments during the day. The matter will be heard on Tuesday.

Caution on Pleadings

The bench also cautioned counsels to exercise care in preparing pleadings, noting, “Time and again we have to remind junior counsels to be careful. This is a highly contested matter.”

The court directed that if any other petitions on the issue exist, then to inform about the same immediately, making it clear that once the hearing begins, no fresh petitions would be tagged. “Petitions keep coming, and we can’t keep adjourning matters,” the bench remarked.

Five Petitions Filed by OBC Organisations

Five petitions have been filed by various OBC organisations and representatives, including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.

They contend that granting Kunbi certificates to Marathas will effectively include them in the OBC category, reducing reservation benefits for existing OBC communities.

Background of September 2 GR

The September 2 GR followed activist Manoj Jarange’s hunger strike at Azad Maidan demanding Maratha reservation. The petitioners call the move “arbitrary, unconstitutional, and politically expedient,” arguing it alters the basis for caste certification in a “vague and confusing” manner that could lead to “utter chaos.”

Also Watch:

Bombay HC Bench Recuses From Hearing Petitions On Kunbi Caste Certificates For Marathas

Petitioners’ Claim

The plea read: “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 is inclusion of the community in the OBC category.”

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