The Bombay High Court declined to stay Maharashtra’s GR allowing Marathas with Kunbi lineage proof to obtain caste certificates. Petitioners argued it could affect OBC reservation entitlements.
Mumbai: The Bombay High Court on Tuesday (October 7, 2025) refused to stop the Maharashtra government from giving Kunbi caste certificates to members of the Maratha community who can show proof of their family’s Other Backward Classes (OBC) background.
A Division Bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a set of petitions filed by different OBC groups, including Kunbi Sena and Maharashtra Mali Samaj Mahasangh.
These groups approached the court saying that if Marathas were allowed to get Kunbi caste certificates, they might be included in the OBC category, which would directly affect the reservation rights already given to existing OBC communities.
The petitioners had requested the High Court to immediately stop the government from carrying out its September 2 Government Resolution (GR).
This GR allows Marathas, who can prove their Kunbi lineage through old records such as the Hyderabad gazetteer, to apply for Kunbi caste certificates.
However, the court refused to give any such temporary relief. The Bench clearly stated:
“We are not inclined to elaborate on the issues raised by the petitioners at this stage and hence decline to grant any interim relief.”
The judges also made it clear that they would not give an opinion on the merits of the case right now and asked the Maharashtra government to file its reply within four weeks.
On behalf of the State, Advocate General Birendra Saraf strongly opposed the petitions. He argued that the petitioners did not have the right to challenge the government’s move because they were not personally affected by the GR. According to him, the petitioners lacked the necessary locus standi to approach the court.
The September 2 GR was issued after a major protest led by Maratha quota activist Manoj Jarange, who held a five-day hunger strike at Mumbai’s Azad Maidan.
Jarange had demanded that Marathas with proof of Kunbi ancestry should be officially recognized as Kunbis so that they could get benefits under the OBC reservation quota.
The petitioners, however, strongly disagreed with the government’s decision. They argued that the GR was vague, arbitrary, and unconstitutional.
They also warned that allowing Marathas to obtain Kunbi certificates in this way could create serious confusion for the administration, since it would alter the criteria for identifying Kunbi, Kunbi Maratha, and Maratha Kunbi groups.
This ongoing legal battle has now put the focus back on Maharashtra’s long and complex debate over Maratha reservation.
While the government insists that it is acting on valid historical records to ensure fairness, the OBC groups believe that such a move will dilute their existing share of reservation and cause further disputes.
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