**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) that permits 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 organizations including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nabhik Mahamandal.
These petitioners contend that the move will effectively include Marathas in the OBC category, thereby diluting existing reservation benefits. Senior advocates Anil Anturkar and Venkatesh Dhond, appearing for the petitioners, argued that the GR is “arbitrary, unconstitutional and politically expedient.”
### Main Arguments Against the GR
Advocates pointed out that by allowing persons from Marathwada to claim Kunbi certificates based on an affidavit, the government has opened a “backdoor entry” into the OBC category.
Anil Anturkar highlighted that the Supreme Court has held that any major policy affecting a backward class requires consultation with the National Commission for Backward Classes. He asserted that this GR violates that mandate.
Seeking urgent interim relief, Anturkar argued that upcoming civic elections across Maharashtra could be impacted, as otherwise ineligible persons might take advantage of the GR to obtain certificates and contest from seats reserved for backward classes. “It would lead to an irreversible situation,” he warned.
Venkatesh Dhond added that while the petitioners have “peripheral concerns,” the language of the GR — referring to ‘Kunbi’, ‘Kunbi Maratha’, or ‘Maratha Kunbi’ — was “inadvertently worded to allow ineligible persons entry into the OBC category.”
He cited past findings by the Kaka Kelkar Commission, B.D. Deshmukh Committee, Mandal Commission, and the Supreme Court’s 2021 judgment, all of which made clear distinctions between Marathas and Kunbis.
### Court’s Response
The court noted that the validity of the GR could only be decided after the state filed its response. “At this stage, we are not inclined to grant any interim relief,” the bench stated, clarifying that the refusal to grant interim relief would not prejudice the petitioners during the final hearing.
Advocate General Birendra Saraf, representing the state, opposed the petitions, contending that the petitioners were “not aggrieved persons” and therefore could not challenge the GR on such grounds.
### Next Steps
The court issued notices to the respondents and asked the State government’s Department of Social Justice to file its reply within four weeks. It also permitted intervention applications filed by parties supporting the state government.
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*This decision comes amid ongoing debates regarding caste-based reservations and political representation in Maharashtra, highlighting the complex interplay between legal frameworks and social justice policies.*
https://www.freepressjournal.in/mumbai/no-interim-stay-on-gr-allowing-marathas-kunbi-certificate-bombay-hc
