Bombay HC Seeks State’s Response in PIL Challenging Grant of Kunbi Certificates to Marathas

The Bombay High Court has called for the state’s response in a Public Interest Litigation (PIL) challenging the Maharashtra Government’s decision to allow Marathas to obtain Kunbi certificates under the Other Backward Class (OBC) category. The Kunbi community, predominantly agrarian, is currently classified as OBC.

The PIL, filed by Mangesh Sasane, chairman of the OBC Welfare Foundation, contests the government’s move, citing previous decisions dating back to 2004 that permitted Marathas to seek Kunbi certificates. According to the petition, such a decision encroaches upon the reservations earmarked for other backward classes.

One of the key points raised in the PIL questions the constitution of the Sandeep Shinde committee, which was formed to study the process of granting Kunbi (OBC) certificates to Marathas. The petitioner also challenges the panel’s report submitted in this regard.

The recent gazette notification issued by the state’s social justice department, aimed at amending the rules governing the issuance and verification of caste certificates, has further fueled the controversy. The amendments, proposed on Jan 26, seek to address the demands of Maratha protests.

The petitioner alleges that the ease with which Marathas are obtaining Kunbi certificates has raised concerns about preferential treatment. Additionally, the PIL refers to a 2021 Supreme Court decision striking down Maratha reservations under the SEBC Act, stating that including Marathas in the OBC category undermines the share designated for OBCs.

Furthermore, the PIL questions the frequent alterations to the list of castes included in the OBC category, suggesting a lack of justification or data for such changes. It argues that the communities classified as Maratha-Kunbi/Kunbi-Maratha do not meet the typical criteria for OBC status.

The matter will be deliberated by a bench comprising Chief Justice D K Upadhyay and Justice Arif S Doctor post the court’s vacations on June 27. Concurrently, another set of petitions challenging the 10% reservation for Marathas in education and employment is also scheduled to be heard by the same bench in June.

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