HC rejects plea against GR for panel to recognise Marathas with papers from Nizam-era as Kunbi

The High Court held that the petitioner’s apprehension that the state government was undertaking an exercise to collect evidence for members of said community is ‘unfounded’ in view of plain meaning and intent behind the GR.

The Committee has been tasked to suggest mode and manner of examining old records relating to Kunbi Community while issuing caste certificates to the claimants. The bench said no case was made out to intervene and thus the writ plea was dismissed.

A division bench of Justice Atul S Chandurkar and Justice Vrushali V Joshi passed an order in plea by Nitin Mahadeorao Choudhary challenging the GR. Advocate B W Patil for the petitioner submitted that by GR of June 1, 2004, the Other Backward Class (OBC) categories were modified and against Serial Number 83 that had the entry Kunbi (sub-caste – Lewa Kunbi, Lewa Patil and Lewa Patidar) was modified by including Maratha-Kunbi and Kunbi-Maratha community.

Therefore there was no reason or obligation for the General Administration Department (GAD) to form a panel and undertake exercise to determine modalities, the plea said.

Choudhary claimed that the burden to prove one’s caste was on the concerned applicant and it cannot be taken up by the state government through impugned GR and the same would result in ‘social absurdity.’

The petitioner said the government had no authority in law to constitute such a panel and if a committee is permitted to undertake mandated exercise, it could affect the rights of members from the OBC community.

However, Advocate General Birendra Saraf representing the government opposed the plea and submitted that the challenge to the GR was ‘premature’ as the GAD was merely seeking a report in the matter from the committee and there was no question of any exercise of collecting evidence being undertaken by the State Government. AG Saraf argued that the objective of the GR was to bring in consistency in the matter of issuance of caste certificates and the panel would merely make recommendations, hence there was no illegality in issuing the GR.

The bench said it did ‘not find any legal basis whatsoever to hold that the impugned GR is either unconstitutional or unreasonable.” The HC added the impugned GR contained reasons that led to forming of the panel as various difficulties were faced in Marathwada region while issuing caste certificates to persons from Maratha-Kunbi and Kunbi-Maratha community, and a study was being undertaken to streamline such process.