The Bombay High Court refuses to hear PILs against the Maratha quota, stating petitioners are not aggrieved parties, amid growing debates on reservation and caste certificates in Maharashtra.
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MUMBAI: The Bombay High Court recently made a ruling regarding the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community to avail reservation benefits in education and jobs. The court stated that Public Interest Litigations (PILs) challenging the government’s decision cannot be entertained unless filed by aggrieved persons.
High Court on the PILs
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that the petitioners who filed the PILs were not directly affected by the government’s resolution. The court emphasized:
“Malice in law can be taken up only by aggrieved persons, and these petitioners are not aggrieved persons.”
The court suggested that if the PIL petitioners wished, they could participate in the ongoing petitions filed by those who are directly impacted, specifically people from the OBC category, whose grievances against the Maratha quota are set to be heard by another bench on September 22.
Background of the Controversy
The Maharashtra government’s resolution came in the wake of public protests by quota activist Manoj Jarange, who staged a five-day indefinite hunger strike at Azad Maidan in South Mumbai, demanding that Marathas be allowed to avail reservations under the OBC category. The protest disrupted major areas of the city, drawing attention from the Bombay High Court, which criticized the paralysing impact on civic life.
Following the protest, the government issued a resolution on September 2, referencing the Hyderabad gazetteer, and set up a committee to facilitate the issuance of Kunbi caste certificates to Maratha applicants who could provide documentary proof of being recognized as Kunbis in the past.
The decision has raised concerns among existing OBC communities, who argue that granting Kunbi certificates to Marathas could dilute their reservation benefits. As a result, four petitions have been filed by OBC individuals, which are scheduled for a hearing by a bench headed by Justice Revati Mohite Dere.
The state government, meanwhile, is moving forward with the issuance of certificates, a step that could potentially reshape the reservation landscape in Maharashtra and fuel further debates on caste-based quotas.
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