LawChakra

Kunbi Reservation: How does the OBC Foundation plan to challenge the Maharashtra govt on Kunbi reservation?

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There’s a problem in Maharashtra – the government let Marathas access extra benefits by getting Kunbi Reservation. The OBC Welfare Foundation is challenging this in court.

A big legal issue has come up in Maharashtra about reservation policies. The OBC Welfare Foundation has filed a case in the Bombay High Court to challenge the government’s decision. The Maharashtra government recently allowed Marathas to get Kunbi caste certificates on Republic Day. This decision has caused controversy because it lets Marathas access reservations for jobs and education. The OBC Welfare Foundation is taking legal action to address this situation.

Mangesh Sasane, who leads the OBC Welfare Foundation, is heading the legal challenge called a PIL. This case looks closely at government decisions on Maratha reservations from 2004 to 2024. It shows how reservation politics in Maharashtra is complicated and changing over time. The court will discuss this matter on February 6, led by Chief Justice Devendra Kumar Upadhyaya. This marks an important moment in the ongoing discussion about reservation policies.

The main argument in the case is that the Maharashtra government’s decision to make it easier for Marathas to get Kunbi certificates is seen as going around the usual reservation rules. Ashish Mishra, the Advocate representing the petitioner, claims that this move bypasses the established reservation system in place. Underlining the strategic adjustments made over time to accommodate Maratha demands for reservation benefits, Mishra highlighted, “Earlier, the process of granting Kunbi certificates to Marathas was difficult but with every agitation, the process was made easier. This was just to facilitate the Marathas for getting reservation,”

The court had said no to the Maharashtra government’s attempt to increase reservation for the Maratha community, as it went beyond the allowed limit.

Mishra’s statement,

“Now the government, by letting Marathas get Kunbi certificates and enjoy reservation benefits, is giving them backdoor entry,”

explains the main issue, suggesting an attempt to go around the Supreme Court’s rules.

Reservation in Maharashtra is a puzzle with Scheduled Castes (SCs) and Scheduled Tribes (STs) getting 13% and 7% of reservations. Other Backward Classes (OBCs) get 19%, while Vimukta Jati and Nomadic Tribes (VJNT), Special Backward Class, and Nomadic Tribes together have 13%. The recent government move has sparked a discussion on how reservations are fairly distributed and the legal and ethical questions about favoring certain communities over others through policy changes.

It could set examples for how rules about reservations are made and challenged in the state. The result of this legal case could affect the reservation system in Maharashtra, not only for the Maratha and OBC communities but also for how things work socially and politically in the state.

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