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Bombay High Court Judges Recuse from Hearing Controversial Maratha Quota Petitions

September 22, 2025
in National, Politics
Reading Time: 3 min

In a significant development, a Division Bench of the Bombay High Court announced on Monday, September 22, 2025, that it would no longer hear a set of petitions. These petitions rigorously challenge the Maharashtra government’s contentious decision to grant Kunbi caste certificates to members of the Maratha community, a move intended to facilitate their inclusion in reservation categories.

Five separate petitions have been lodged by individuals identifying with Other Backward Classes (OBC), arguing that bestowing Kunbi caste certificates upon the Maratha community would effectively bring them into the OBC classification, potentially impacting existing reservation structures.

Initially, these pleas were brought before a bench comprising Justices Revati Mohite Dere and Sandesh Patil.

However, Justice Patil stated his inability to preside over the hearings, leading to the entire bench’s recusal. No specific reasons for this decision were publicly disclosed.

Consequently, the petitions are slated to be presented for hearing at a later date before a new bench, which will include Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.

The organizations that filed these petitions include the Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanad Mandalik, and Maharashtra Nabhik Mahamandal.

These petitioners assert that the government’s decision is arbitrary, unconstitutional, and legally unsound, therefore demanding its immediate nullification.

Specifically, the Kunbi Sena’s petition argues that the government resolutions fundamentally alter the established criteria and basis for issuing caste certificates across three distinct groups: Kunbi, Kunbi Maratha, and Maratha Kunbi.

The organization further contended that these resolutions are ‘vague’ and are likely to precipitate ‘utter chaos’ within the existing social and administrative framework.

The plea elaborated, describing the government’s action as a ‘circuitous and confusing procedure’ designed to indirectly include the Maratha community in the OBC category by issuing them caste certificates.

This government decision to issue Kunbi caste certificates to eligible Maratha individuals followed a five-day hunger strike by prominent quota activist Manoj Jarange, held at Azad Maidan in south Mumbai starting August 29.

During this intense five-day period, Mr. Jarange and his numerous supporters effectively blockaded several crucial areas in South Mumbai, a situation that drew sharp criticism from the Bombay High Court, which lamented that the city had been brought to a standstill and effectively paralyzed.

On September 2, the government officially issued a resolution (GR) referencing the Hyderabad gazetteer. This resolution also announced the establishment of a committee tasked with streamlining the process for issuing Kunbi caste certificates to Marathas who can provide historical documentary evidence proving their Kunbi lineage.

The issuance of this Government Resolution by the State social justice and special assistance department, aimed at implementing the Hyderabad gazetteer and allowing eligible Maratha community members to apply for Kunbi caste certificates, has generated significant unrest among existing OBC groups.

Ultimately, once these certificates are issued, Maratha individuals will be empowered to claim reservations under the OBC category.

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