Not aggrieved parties, says Bombay High Court on PILs against Maratha quota

Mumbai: The Bombay High Court on Thursday said it was not inclined to hear PILs against the Maharashtra government's decision to issue Kunbi caste certificates to Maratha community members for reservation, noting the petitioners were not aggrieved persons.

A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted the aggrieved persons (people from the OBC category) have already filed petitions in the HC, which will be heard by another bench on September 22.

"At this stage, these public interest litigations are thoroughly misconceived. It was open for the aggrieved persons (to challenge the government decision), not for any person," HC said.

"Malice in law can be taken up only by aggrieved persons," and these petitioners are not aggrieved persons, it added.

The Public Interest Litigations (PILs) ought to be dismissed, the court said, adding that if the petitioners wish, they can file applications in the petitions filed by the aggrieved persons.

"If the other bench feels that it requires these petitioners' assistance they it may decide to hear them," the HC said.

The court posted the matter for further hearing later on Thursday afternoon, by when the PIL petitioners have to inform what they wish to do.

Three PILs have been filed in HC, challenging the government resolutions to issue Kunbi caste certificates to the Maratha community members so that they can avail reservations in education and jobs.

The pleas claimed the government's decision was arbitrary, unconstitutional and bad in law, and deserves to be quashed.

Four petitions were later filed by persons from the OBC category challenging the government decision. These petitions are to be taken up for hearing by a bench headed by Justice Revati Mohite Dere on Monday.

The government's decision to issue Kunbi caste certificates to eligible persons from the Maratha community came after quota activist Manoj Jarange staged an indefinite hunger strike for five days from August 29 at Azad Maidan in south Mumbai.

For five days, Jarange and his supporters surrounded several vital areas in south Mumbai, drawing the ire of the Bombay High Court, which said the city had been paralysed and brought to a standstill.

On September 2, the government issued a resolution on the Hyderabad gazetteer and announced the formation of a committee to facilitate the issuance of Kunbi caste certificates to Marathas who are able to produce documentary evidence recognising them as Kunbis in the past.

There has been restlessness among OBCs after the state social justice and special assistance department issued the GR on implementing the Hyderabad gazetteer, which will allow eligible members of the Maratha community to apply for Kunbi caste certificates.

This will enable them to claim quota under the OBC category after certificates are issued.