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The Maharashtra government, which legislated 10 per cent Maratha reservation on Tuesday, has kept open-ended its draft notification on the issuance of Kunbi certificates to eligible Marathas and blood relations within OBCs. Kunbi Marathas can thus avail of OBC reservation, while non-Kunbi Marathas will be covered under the new quota.
This is for the first time the Maharashtra government has extended reservation to the Maratha community under two separate categories.
Chief Minister Eknath Shinde told the Assembly, “The state government has taken a decision to give 10 per cent reservation to Marathas on basis of the state backward class commission’s report that has established their social and educational backwardness.”
Referring to the January 27 draft notification that the government issued promising Kunbi certificates to eligible Marathas, Shinde said, “The draft notification on Kunbi certificates was put in the public domain to invite suggestions and objections till February 16. We have received six lakh objections. After thorough scrutiny, the government will take a final decision.”
The CM also said the draft notification was in accordance to existing rules.
From his statements, it is evident that even after giving a 10 per cent quota to Marathas, the government is not in a hurry to take a final call on the final notification, apparently adopting a wait-and-watch strategy.
The ambiguity over the draft notification has raised eyebrows among both Marathas and OBCs.
Warning of another statewide agitation, Maratha activist Manoj Jarange-Patil said, “Our demand was that Marathas should get Kunbi certificates to avail of reservation under the OBC category. We were not seeking separate reservation for the Marathas.”
In the past, a law giving separate reservation to Marathas was struck down by the Supreme Court. The state government has, however, promised that the 10 per cent quota to Marathas will withstand constitutional and legal scrutiny.
In 2018, then chief minister Devendra Fadnavis announced a quota for the Marathas under the Socially and Educationally Backward Class Act. Though the Act was upheld by the Bombay High Court, the apex court struck it down in 2021 raising questions on the backwardness of the Marathas.
As a course correction, the Shinde government constituted a backward class commission to collect empirical data to substantiate the backwardness of the community.
OBC leader Haribhau Rathod said, “Marathas can now avail of reservation both under the Marathas quota and as OBCs. Those who have Kunbi certificates will get OBC reservation. And those who don’t have Kunbi certificates will avail of the 10 per cent quota.”
“The government has taken a mindless decision. It is bound to get challenged in court.” Rathod said. “The easier option was to raise the overall OBC quota from 27 per cent to 37 per cent and accommodate Marathas within the OBCs.”
Rathod said the government should have sub-categorised OBCs to accommodate the entire Maratha community. “It would have resolved the reservation issue and have both legal and constitutional validity,” he added.
A senior Maratha Kranti Morcha coordinator based in Marathwada said, requesting anonymity, “Things have become complicated. The government should have restored the 2018 SEBC Act, which promised 12 per cent and 13 per cent reservation for Marathas in jobs and education, respectively.”
He alleged that the state government had kept the draft notification hanging in the balance. The Maratha issue will get more confused, he added.
Since 1992, Marathas in Vidarbha, Konkan and north Maharashtra have availed of OBC reservation on the basis of Kunbi certificates. However, the Marathas in Marathwada and western Maharashtra did not want the social stigma of a backward category.
In 2016-17, Marathas under the Sakal Maratha Samaj organised a statewide agitation in two phases demanding separate reservation for the community in education and jobs.
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