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A judge of the Bombay High Court Monday recused himself from hearing pleas challenging the Maharashtra government resolution (GR) pertaining to the implementation of the Hyderabad Gazette to grant Kunbi status to Marathas from Marathwada region.
After the pleas came up before a bench of Justices Revati Mohite Dere and Sandesh D Patil, Justice Patil recused himself from hearing the case. Subsequently, the bench recused itself as well, but did not provide any reason for its decision. The lawyers challenging the GR dated September 2 are likely to mention the plea before a bench led by Chief Justice Shree Chandrashekhar.
On September 2, the government issued a resolution following hectic talks between ministers and Maratha quota activist Manoj Jarange Patil to resolve the quota crisis. The GR mentioned implementing the Hyderabad Gazette, a 1918 order by the then Nizam of Hyderabad.
Jarange Patil ended his five-day fast for the Maratha quota in Mumbai after the government announced the formation of a committee to issue Kunbi caste certificates to members of the Maratha community who can provide historical evidence of their Kunbi heritage. Kunbi is classified as an Other Backward Class (OBC) caste in Maharashtra.
Pleas filed by Maharashtra Mali Samaj Mahasangh, Ahir Suvarnakar Samaj Sanstha, Sadanand Bapu Mandlik of Samata Parishad and Maharashtra Nabhik Mahamandal were listed before the bench led by Justice Mohite Dere Monday. A plea by Kunbi Sena was also listed before the same bench.
The pleas alleged that the impugned GR “arbitrarily extended OBC status to a politically dominant and socially advanced community without sufficient data,” in violation of Article 14 of the Constitution and discriminatory against genuine OBC communities by diluting their share of reservation.
The pleas also claimed that the GR was issued due to political pressure from Maratha agitations and protests, including those led by Jarange Patil.
Last week, a bench led by Chief Justice Chandrashekhar dismissed one of the PILs filed by a lawyer challenging the GR, stating that the lawyer was not personally aggrieved by the GR and that a body of individuals representing various communities had already approached the high court; therefore, there should not be a multiplicity of litigations.
The court, however, allowed the lawyer to file an intervention application in other writ pleas challenging GR.
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