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Bombay High Court Upholds Maratha Kunbi Certificates, Dismissing Challenge

September 18, 2025
in National, Politics
Reading Time: 3 min

The Bombay High Court has decisively dismissed a Public Interest Litigation (PIL) that sought to overturn the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community. This move would allow Marathas to access reservation benefits. The court’s dismissal, issued on Thursday, September 18, 2025, was based on the petitioner not being an “aggrieved person” in the matter.

A Division Bench, presided over by Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad, clarified that the right to challenge such a government resolution rests solely with individuals directly affected by it. They noted that members of the Other Backward Classes (OBC), who are indeed directly impacted, have already filed their own petitions, which are slated for hearing on September 22.

The Bench sternly remarked, “This public interest litigation is entirely misconceived at this stage. It was open for the aggrieved persons to challenge the government decision, not for any person.” They further elaborated that legal challenges based on “malice in law” can only be brought forth by those genuinely aggrieved, a criterion the current petitioner did not meet.

Court Emphasizes Avoiding ‘Multiplicity of Litigations’

The court underscored the importance of preventing an unnecessary “multiplicity of litigations” and discouraged PILs in situations where directly affected parties have already approached the judicial system. “We are, therefore, not inclined to entertain this PIL, and the same is dismissed,” the judges concluded, highlighting their commitment to judicial efficiency.

The dismissed PIL was brought by advocate Vinit Vinod Dhotre, who argued that the government’s resolution was both arbitrary and unconstitutional. Despite his claim of belonging to the Scheduled Caste category, the Bench found he lacked the necessary standing (locus standi). However, the court did grant him the option to file an intervention application within the existing petitions submitted by OBC members.

This development follows the Maharashtra State Government’s decision to issue caste certificates after Maratha quota activist Manoj Jarange initiated an indefinite hunger strike at Azad Maidan on August 29, which significantly disrupted parts of south Mumbai. On September 2, the government issued a resolution, informed by the Hyderabad Gazetteer, establishing a committee to streamline the process of granting Kunbi caste certificates to Marathas who can provide documentary proof of their Kunbi heritage. The Kunbi community is officially recognized under the OBC category in Maharashtra, granting them access to various reservation benefits.

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