"Can't Permit Multiplicity": Bombay High Court Refuses To Entertain PIL Against 'Kunbi' Status To Marathas

The Bombay High Court on Thursday dismissed a Public Interest Litigation (PIL) challenging a Government Resolution (GR) issued by the Maharashtra Government to provide "Kunbi" caste certificates under the Other Backward Class (OBC) category to the members of Maratha Community, who identify themselves of having Kunbi origins.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that already a petition is pending before the High Court on the identical issue.

"We cannot multiply the litigation," the Chief Justice remarked while dismissing the petition filed by one advocate Vinit Vinod Dhotre, who claimed to be a member of the Scheduled Caste (SC) community.

The petitioner argued that the GR was arbitrary as it may affect even the other castes and communities within the OBC and the SC categories.

However, the State vehemently opposed the petition and raised serious doubts over its maintainability.

Further, the bench was informed that an identical petition was filed and was pending in the High Court.

The judges opined that the High Court is required to discourage filing of Writ Petitions labelled as PILs in matters, where individuals who feel affected by the government decision have already approached the court or forum.

"In our opinion, this is really in the public interest that there should not be a multiplicity of litigation one after the other and different individuals in the guise of public interest cannot be permitted to file writ petitions. We are therefore not inclined to entertain this petition and therefore is dismissed with liberty to petitioner to file intervention application in pending petition," the bench said.

With these observations, the bench dismissed the petition.