HC refuses to stay GR granting Kunbi status to eligible Marathas
MUMBAI, Oct. 8 -- The Bombay High Court on Tuesday refused to grant an interim stay on the Maharashtra government's recent decision to allow eligible members of the Maratha community to get Kunbi caste certificates, which would enable them to get reservation benefits under the Other Backward Classes (OBC) category.
A division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad refused to stay a government resolution (GR) issued on September 2, saying the matter needed a detailed hearing. The bench has now directed the state's social justice department to reply to a batch of petitions filed by various OBC groups challenging the GR.
The September 2 GR allows Marathas who can prove their Kunbi ancestry through historical records to receive Kunbi caste certificates. To establish eligibility, the GR provides for the use of the 1918 Hyderabad gazetteer, which documented Marathas as Kunbis during the Nizam's rule. Kunbis get reservation under the OBC category.
The decision was taken following a five-day agitation by Maratha quota activist Manoj Jarange and his supporters in Mumbai, who have been demanding OBC status for the community. The decision was based on recommendations by the justice Sandeep Shinde committee, which examined historical records, particularly from the Marathwada region, to identify people of Maratha origin who may have Kunbi lineage. The GR effectively extended the verification process across the entire state, enabling applicants to rely on old records or family documents to claim OBC status.
Senior advocate Venkatesh Dhond, appearing for the petitioners, argued that the GR was unconstitutional. "The GR is worded in such a manner that it will open a backdoor for ineligible people, such as Maratha, Maratha Kunbi or Kunbi Maratha," Dhond submitted.
Advocate general Birendra Saraf, on the other hand, submitted that the petitioners had no locus standi (right to be heard) to challenge the resolutions. "They are not aggrieved. They cannot lay a challenge to the GRs, and their petitions should not be entertained," he told the court.
The court said it was "not inclined" to grant interim relief at this stage....
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