‘GR dilutes OBC share of reservation’: PILs filed against order enabling Kunbi status to Marathas under OBC category

The PIL further alleged that the GR “discriminates against genuine OBC communities by diluting their share of reservation.”

Moreover, Shiva Akhil Bhartiya Veershaiva Yuvak Sanghatana also filed a PIL—through advocate Satish B Talekar—claiming that “despite numerous reports by the State Backward Classes Commission and the National Backward Classes Commission and judicial pronouncements of Supreme Court that “Maratha” and “Kunbi” are not one and the same, the Maharashtra government could not have once again endeavored to propagate that Maratha and Kunbis were one and the same.”

The PIL by Dhotre also said the GR lacked legislative competence as the power to notify backward classes solely rested with the President and the state government cannot, by a mere GR, grant OBC status. The lawyer further claimed that while the Supreme Court in 2021 had struck down the Maratha reservation granted under the Socially and Educationally Backward Class (SEBC) Act of 2018, the impugned GR sought to “reintroduce the same benefit under a different guise, amounting to colourable exercise of power.”

“Because of capitulation to street agitation, the government acted under political pressure from Maratha agitations and protests, including those led by activist Manoj Jarange Patil. The State has prioritised appeasement over constitutional principles, which is impermissible in constitutional governance,” the PIL claimed.

The PIL further alleged that the impugned GR is “siphoning the rights of reservation to the 261 plus castes and clans under the tag of OBC, which are inadequately/close to nothing have been represented in the mainstream policies of the government. The impugned GR is not only legally flawed but also sets a dangerous precedent by prioritizing street agitation and political appeasement over established constitutional principles and judicial precedents.”

The PIL filed by Dhotre sought direction from the high court to quash and set aside the GR being in contravention of Constitution and judicial pronouncement, and also restrain authorities from granting or validating caste certificates to Marathas under Kunbi/OBC category under the said GR.

Pending hearing of the plea, the petitioner sought interim stay on implementation of the GR and also sought police protection to the petitioners at the cost of state expenditure till final disposal of the PIL. The HC will hear the plea in due course.

Meanwhile, a bench of Chief Justice Shree Chandrashekhar and Gautam A Ankhad asked another petitioner to file an interim application seeking amendment to a PIL filed last year that challenged the state government’s draft notification dated January 26, 2024, enabling Marathas to avail Kunbi certificates under the OBC category.

The PIL was filed by Mangesh Sasane, chairperson of the OBC Welfare Foundation that also challenged various government decisions issued from 2004 allowing Marathas to seek Kunbi certificates. The HC said that it will decide on Sasane’s interim application on September 15.

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