**Bombay High Court Dismisses PIL Challenging Maharashtra Government’s Decision on Kunbi Caste Certificates for Marathas**

*Mumbai:*
The Bombay High Court on Thursday dismissed a public interest litigation (PIL) filed by advocate Vinit Vinod Dhotre, which challenged the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community to avail reservation benefits. The court held that Dhotre was not an “aggrieved person” and therefore lacked the standing to file the PIL.

### Bench Notes OBC Petitions Already Pending

A division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that individuals directly affected by the government’s decision—those belonging to the Other Backward Classes (OBC) category—have already approached the court. These petitions are scheduled to be heard by another bench on September 22.

### PIL Termed Misconceived

“At this stage, this public interest litigation is thoroughly misconceived. It was open for the aggrieved persons to challenge the government decision, not for any person,” the court remarked. The judges further emphasized: “Malice in law can be taken up only by aggrieved persons, and these petitioners are not aggrieved persons.”

### Challenge to Government Resolution Dated September 2

The PIL challenged a government resolution (GR) dated September 2 that permits issuing Kunbi caste certificates to Marathas from the Marathwada region. This decision followed an indefinite hunger strike led by Maratha quota activist Manoj Jarange at Azad Maidan in South Mumbai, which lasted five days starting August 29.

### Court Stresses Avoiding Multiplicity of Litigation

Without delving into the merits of the GR, the bench stressed the importance of discouraging PILs when affected persons have already approached the judiciary. “It is in public interest that there should not be multiplicity of litigations,” the judges noted, adding that the primary purpose of PILs is to ensure that sections of society who might otherwise remain unheard are given a voice in court.

### PIL Dismissed, Liberty to Intervene Granted

The bench declared, “This particular PIL is not one where we should grant any indulgence. We are therefore not inclined to entertain this PIL and the same is dismissed.” However, the court granted Dhotre the liberty to seek intervention in the pending OBC petitions. “If the other bench feels that it requires these petitioners’ assistance, then they may decide to hear them,” the court added.

### Arguments on Maintainability

Dhotre’s counsel argued that the PIL was maintainable because the petitioner belonged to a Scheduled Caste and any amendments in reservation laws would affect all reserved communities. Opposing this, Advocate General Birendra Saraf submitted that the GR “has got nothing to do with the SC community.”

### State’s Decision and OBC Unrest

Dhotre’s plea had alleged that the government’s decision was “arbitrary, unconstitutional and bad in law” and sought quashing of the GR. Since then, four separate petitions by OBC members challenging the same GR have been filed. These are slated for hearing by a bench led by Justice Revati Mohite Dere on Monday.

### Background: Implementation of Hyderabad Gazetteer

On September 2, the state government issued the GR implementing aspects of the Hyderabad gazetteer and constituted a committee to facilitate the issuance of Kunbi caste certificates to Marathas who can provide documentary proof of Kunbi lineage. The move aims to extend OBC quota benefits to eligible Marathas but has triggered unrest among the OBC community.

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https://www.freepressjournal.in/mumbai/bombay-hc-dismisses-pil-by-advocate-against-gr-granting-kunbi-certificate-to-marathas-from-marathwada