Within five days of the Maharashtra government agreeing to grant Kunbi certificates to the Maratha community, a public interest litigation (PIL) has been filed in the Bombay High Court challenging the decision. The PIL, filed by Mangesh Sasane, the Chairman of the ‘OBC Welfare Foundation’, argues that granting Kunbi certificates to the Marathas would encroach upon the reservation of Other Backward Classes (OBCs). The plea also contests the Supreme Court’s ruling in 2021 that deemed the Marathas’ reservation as unconstitutional. The PIL is scheduled to be heard on February 6.
The Maharashtra government released a draft notification on January 27, responding to the demands of the Maratha community, after activist Manoj Jarange-Patil threatened a protest at Azad Maidan in South Mumbai. Jarange-Patil had led a march to Mumbai starting from Antarwali Sarathi, demanding Kunbi certificates for all Marathas, entitling them to reservation benefits in government jobs and education. On January 27, Chief Minister Eknath Shinde met with Jarange-Patil in Vashi, Navi Mumbai, and handed him a copy of the draft notification, assuring him that his demands would be fulfilled.
The government has invited suggestions and objections regarding the notification until February 16.
The petitioner’s advocate, Ashish Mishra, argues that the process of obtaining a Kunbi certificate for Marathas has been made progressively easier through various agitations, solely to accommodate the Maratha community. He claims that granting the Marathas Kunbi certificates and reservation benefits is akin to providing them with a backdoor entry into the OBC reservation.
The PIL raises concerns about the potential impact on OBC reservations and challenges the validity of five government resolutions (GR) issued between 2004 and the present, allowing Marathas to obtain Kunbi certificates.
It is crucial to note the relevance of this PIL in the context of the ongoing Maratha quota row. The Maratha community, a politically influential one in Maharashtra, has long been demanding reservation benefits. In 2018, the state government enacted legislation granting them a 16% reservation in education and government jobs. However, in 2019, the Bombay High Court upheld the reservation but reduced it to 12% for education and 13% for jobs, citing that the previous 16% was not justifiable based on empirical data.
The Supreme Court, in September 2020, declared that reservations exceeding 50% were not permissible and referred the issue to a larger bench for review. Subsequently, in 2021, the apex court ruled that the Maratha reservation breached the 50% cap and declared it unconstitutional. This decision triggered protests and demands for alternative solutions from the Maratha community.
As the PIL challenging the issuance of Kunbi certificates to Marathas awaits its hearing, the legal battle over the Maratha reservation and its impact on the larger political landscape of Maharashtra continues to unfold.
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