PILs Challenging Maratha Quota Dismissed; Bombay HC Says Petitioners Not Directly Affected

The Bombay High Court on Thursday dismissed the PILs filed 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 comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad stated that a plea has already been filed by the affected parties (OBCs) which will be heard 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," the bench said.

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

The court noted that if the petitioners wanted, they can file applications in the petitions filed by the aggrieved persons. "If the other bench feels that it requires these petitioners' assistance they may decide to hear them," the HC said. The court has asked for a reply on their further course of action by Thursday afternoon. 

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

Following Jarange Patil’s protest in Mumbai seeking reservation, 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.

The certificates would allow them to claim quota in the OBC category. 

With PTI inputs