The Bombay High Court on Tuesday declined to grant an interim stay on the Maharashtra government’s decision to issue Kunbi caste certificates to eligible Maratha community members, sparking controversy over their potential inclusion in the Other Backward Classes (OBC) category. The ruling came as a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad heard five petitions challenging the government’s September 2 Government Resolution (GR).

The petitions, filed by groups including Kunbi Sena, Maharashtra Mali Samaj Mahasangh, Ahir Suvarnkar Samaj Sanstha, Sadanad Mandalik, and Maharashtra Nabhik Mahamandal, argued that the GR is arbitrary, unconstitutional, and likely to cause "utter chaos" by altering the criteria for issuing caste certificates for Kunbi, Kunbi Maratha, and Maratha Kunbi communities. They claimed the decision is a backdoor method to include Marathas in the OBC quota, undermining existing caste certificate protocols.

The court, however, refused interim relief, stating that the matter requires a response from the state government before a final decision. “We are not elaborating on the issues raised and decline to grant any interim relief at this stage,” the bench noted, issuing a notice to the Maharashtra government to file an affidavit. The matter is slated for further hearing in four weeks.

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Advocate General Birendra Saraf, representing the government, opposed the pleas, arguing that the petitioners are not directly affected by the GR, which allows Marathas with proven OBC antecedents to apply for Kunbi certificates. The GR was introduced following a five-day protest by Maratha quota activist Manoj Jarange at Azad Maidan, pushing for OBC benefits for the Maratha community.

Critics of the GR, including Kunbi Sena, warned that the vague and confusing procedure could disrupt the OBC reservation framework, potentially flooding the category with new entrants. The petitions called for the resolution to be quashed, citing its lack of clarity and legal grounding.

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