Bombay High Court Refuses To Stay Maharashtra Govt Resolution Granting OBC Status To Kunbi-Maratha Communities, Seeks State's Response

The Bombay High Court has declined interim relief in pleas seeking a stay on a September 2 Government Resolution (GR) by the Maharashtra Government by which it decided to confer Kunbi, Maratha-Kunbi and Kunbi-Maratha under the Other Backward Classes (OBC) category. 

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, however, ordered the State's Social Justice Department to respond to the batch of petitions challenging the GR.

One of the arguments for urgent interim relief was that the civic elections across Maharashtra are soon to take place, and the otherwise ineligible persons, may take advantage of the GR and get a certificate to contest from seats meant for reserved categories.

"It would lead to an irreversible situation," Sr Adv Anil Anturkar argued.

The petitioner sought under prayer clause 14(C), to stay the implementation of the Impugned GR till the matter is finally heard and decided.

It was also argued that for several years, various Committees constituted by the Maharashtra Government have held that Marathas cannot be recognised as Kunbis and be given a quota under the OBC category. It was pointed out that even the State's Backward Class Commission had earlier refused to recognise Marathas as Kunbis.

"State is trying to open a backdoor entry for the Community," Anturkar argued. 

Senior Counsel Venkatesh Dhond representing some other petitioners too expressed the apprehension that by virtue of this GR the quota for the OBC category may get 'breached' as several otherwise ineligible persons would take the benefit of the said quota. 

"We are in no way challenging inclusion of Kunbi, Maratha Kunbi and Kunbi Maratha in the list of OBCs but our apprehension is that through the impugned Government Resolution, a procedure has been laid down which will facilitate infiltration of other persons belonging to Maratha community into the category of OBCs," Dhond argued.

On a request by the counsels for granting a shorter time for the Government to file its affidavit, the judges said it would be unfair for the State if not given sufficient time.

CJ Chandrashekhar thus dictated, "We are not elaborating upon the issues raised by the counsel appearing for the petitioners and would decline the interim relief as framed under clause C. Let a reply be filed by the State in all the connected petitions within four weeks." 

Case Title: Maharashtra Mali Samaj Mahasangh Kunbi Sena vs Government of Maharashtra (Writ Petition 12230 of 2025)

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