**Bombay High Court Refuses Interim Stay on Maharashtra Government Resolution Allowing Marathas from Marathwada to Obtain Kunbi Caste Certificates**
The Bombay High Court on Tuesday declined to grant an interim stay on the Maharashtra government’s September 2 Government Resolution (GR) permitting Marathas from the Marathwada region to obtain Kunbi caste certificates under the Hyderabad Gazette.
A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad directed the state government to file its reply within four weeks. The court, however, refrained from making any observations at this stage regarding the state’s exercise of power in issuing the GR.
### Background of the Petitions
The court was hearing a batch of petitions filed by representatives of the Kunbi and Other Backward Classes (OBC) communities challenging the GR. The petitions were filed by organisations including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.
The petitioners contend that the move will effectively include Marathas in the OBC category, thereby diluting the existing reservation benefits.
### Petitioners’ Arguments
Senior advocates Anil Anturkar and Venkatesh Dhond, representing the petitioners, argued that the GR is “arbitrary, unconstitutional and politically expedient.” They emphasized that by allowing persons from Marathwada to claim Kunbi certificates on the basis of affidavits, the government had opened a “backdoor entry” into the OBC category.
Anturkar referenced the Supreme Court’s position that any major policy affecting a backward class requires consultation with the National Commission for Backward Classes, asserting that this GR violates that mandate.
Highlighting the urgency, Anturkar pointed out that upcoming civic elections across Maharashtra might enable otherwise ineligible individuals to use the GR to obtain certificates and contest from seats reserved for certain categories. He warned that this could create an “irreversible situation.”
Dhond added that although the petitioners have “peripheral concerns,” the GR’s language — citing ‘Kunbi’, ‘Kunbi Maratha’, or ‘Maratha Kunbi’ — was “inadvertently worded” and could allow ineligible persons entry into the OBC category. He cited past findings from the Kaka Kelkar Commission, B.D. Deshmukh Committee, Mandal Commission, and the Supreme Court’s 2021 judgment, all of which clearly distinguished between Marathas and Kunbis.
### Court’s Response
The bench noted that the validity of the GR could only be addressed after considering the state’s response. “At this stage, we are not inclined to grant any interim relief,” the court said, clarifying that its refusal would not prejudice the petitioners during the final hearing.
### State Government’s Stand
Advocate General Birendra Saraf, representing the state government, opposed the petitions. He argued that the petitioners were “not aggrieved persons” and, on that basis, could not challenge the GR.
The court issued notices to the respondents and directed the State government’s Department of Social Justice to file its reply within four weeks.
### Other Developments
The court also allowed intervention applications filed by parties supporting the state government.
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*The matter remains pending, with the court set to hear the issue in detail upon receipt of the state’s response.*
https://www.freepressjournal.in/mumbai/no-interim-stay-on-gr-allowing-marathas-kunbi-certificate-bombay-hc
