The Bombay High Court on Thursday, September 18, 2025, dismissed a Public Interest Litigation (PIL) challenging the Maharashtra government's decision to issue Kunbi caste certificates to members of the Maratha community for reservation purposes. The court stated that the petitioner was not an aggrieved party and therefore lacked the legal standing to file the petition.
A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad pointed out that individuals directly affected by the decision, specifically members of the Other Backward Classes (OBCs), had already filed petitions with the High Court. These petitions are scheduled to be heard on September 22 by a bench headed by Justice Revati Mohite Dere. The court observed that allowing PILs in this matter would be misconceived since those directly impacted had already sought legal recourse. The bench clarified that "malice in law can be taken up only by aggrieved persons," and the current petitioners did not fall into that category.
The court stated that the PILs should be dismissed, but it left room for the petitioners to file applications in the pending petitions brought by OBC representatives. The court indicated that if the other bench required assistance from these petitioners, it might decide to hear them.
The Maharashtra government's decision to issue Kunbi caste certificates to Marathas followed an indefinite hunger strike by quota activist Manoj Jarange. Jarange's agitation caused disruption in parts of Mumbai, which led to the High Court making strong remarks about the disruptions caused. Subsequently, the state government issued a resolution based on the Hyderabad gazetteer, forming a committee to facilitate the issuance of Kunbi caste certificates to Marathas who could provide historical documentary evidence proving their recognition as Kunbis.
The government's move has stirred unease among OBC groups, who fear that allowing Marathas to claim Kunbi certificates will reduce their share of quotas in education and government jobs. Several petitions have been filed by OBC individuals challenging the government resolution, arguing that it would dilute their reservation benefits. These petitions will be central to the upcoming hearing before Justice Dere's bench.
The three PILs that were dismissed contended that the government's decision to issue Kunbi caste certificates to Maratha community members was arbitrary, unconstitutional, and "bad in law". The petitioners argued that the decision, if implemented, would distort the state's reservation structure. The High Court has now determined that these concerns should be raised by those directly affected by the decision, namely the OBC community, who already have active petitions before the court.