On Maratha reservation in Maharashtra, a Division Bench of the Bombay High Court has recused itself from hearing. The petitions challenge the decision to issue Kunbi caste certificates to the Maratha community. The matter has been referred to the Chief Justice's bench.
Mumbai: A Division Bench of the Bombay High Court has recused itself from hearing petitions filed against the Maharashtra government's decision regarding Maratha Reservation. These decisions are related to petitions challenging the order to issue Kunbi Caste Certificates to members of the Maratha community for reservation.
Members of the OBC (Other Backward Classes) community have filed petitions opposing this decision. They state that granting Kunbi caste certificates to the Maratha community will adversely affect the rights of the OBC community.
Bench Recuses Without Stating Reasons
On Monday, these cases came up for hearing before the bench of Justices Revati Mohite Dere and Sandeep Patil. However, Justice Sandeep Patil clarified that he could not hear the matter. Subsequently, the bench recused itself from the hearing without stating any reasons. Now, the matter will be placed before the bench of Chief Justice Chandrashekhar and Justice Gautam Ankad for consideration.
Petitioners and Their Claims
These petitions have been filed by Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnakar Samaj Sanstha, Sadanand Mandalik, and Maharashtra Nahavik Mahamandal. The petitioners claim that the government's decision is arbitrary, unconstitutional, and against the law. They state that issuing Kunbi caste certificates to the Maratha community is contrary to justice and rules.
Kunbi Sena stated in its petition that the government's decision has altered the basis and criteria for issuing certificates to Kunbi, Kunbi Maratha, and Maratha Kunbi castes. This has made the certificate issuance process complex and unclear.
Government's Decision Labelled Complex
The petitioners also stated that this decision is ambiguous and could lead to chaos throughout the entire process. This method of granting caste certificates from OBC to the Maratha community is complex and uneven.
This government decision came after quota activist Manoj Jarange undertook a five-day hunger strike starting August 29 at Azad Maidan in South Mumbai. His main objective was to ensure reservation for the Maratha community.
Formation of Committee Under Resolution (GR)
On September 2, the Maharashtra government issued a resolution (Government Resolution - GR) in the Hyderabad Gazetteer. It announced the formation of a committee to issue Kunbi caste certificates to those members of the Maratha community who can present documentary evidence that they were recognized as Kunbi in the past.
The committee's objective is to ensure that only eligible and certified members of the Maratha community receive Kunbi caste certificates. This will ensure compliance with reservation rules and protect the rights of the OBC community.
