LI Network
Published on: January 31, 2024 at 16:22 IST
A public interest litigation (PIL) has been lodged before the Bombay High Court, contesting a notification issued by the Maharashtra government on January 26, which proposed granting Kunbi caste certificates to Marathas in the state [Mangesh Sasane v. State of Maharashtra & Ors.].
The notification aimed to amend the Maharashtra Scheduled Castes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes, and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Rules, 2012. These rules outline the process for issuing and validating caste certificates for individuals from various groups.
Mangesh Sasane, the petitioner and chairman of the Other Backward Class (OBC) Welfare Community, argued that the government’s action would diminish the reservation quota allocated for OBCs by including Marathas in the OBC category.
The PIL also contested several government resolutions dating back to 2004, permitting Marathas to obtain Kunbi certificates.
According to the petition, the inclusion of Marathas in the OBC list lacks justification and transparency, with changes made without providing adequate data or rationale. It questioned whether Marathas fit the criteria for OBC classification, considering their socio-economic status and mainstream integration.
Furthermore, the petition challenged a report submitted by a committee, chaired by retired Bombay High Court Judge, Justice Sandeep Shinde, regarding the procedure for granting Kunbi (OBC) certificates to Marathas.
Highlighting a previous Supreme Court ruling from 2021, the PIL emphasized the court’s invalidation of Maratha reservations in education and public employment under the Socially and Educationally Backward Classes (SEBC) Act, 2018.
The Bombay High Court is set to review the PIL and the concerns raised regarding the allocation of Kunbi caste certificates to Marathas in Maharashtra.