**Bombay High Court Dismisses PIL Challenging Maharashtra Government’s Kunbi Caste Certificates to Maratha Community**
Amid ongoing tensions between the government and Maratha morcha activists, the Bombay High Court on Thursday dismissed a public interest litigation (PIL) filed by an advocate challenging the Maharashtra government’s decision to issue Kunbi caste certificates to members of the Maratha community for reservation purposes.
The PIL was filed by Vinit Vinod Dhotre, an advocate, who contested the government’s move to grant Kunbi caste certificates to Maratha community members to avail reservations in education and jobs. However, the court observed that the petitioner was not an aggrieved person in the matter.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that aggrieved persons belonging to the Other Backward Classes (OBC) category had already filed petitions in the Bombay High Court addressing the same issue. These petitions are slated to be heard by a different bench on September 22.
The High Court stated, “At this stage, this public interest litigation is thoroughly misconceived. It was open for the aggrieved persons (to challenge the government decision), not for any person,” as reported by news agency PTI. The court further added, “Malice in law can be taken up only by aggrieved persons, and these petitioners are not aggrieved persons.”
Without delving into the merits of the government resolution (GR), the bench emphasized the need to discourage the filing of PILs by individuals who are not directly affected by government decisions, especially when the concerned parties have already approached the court.
Highlighting the importance of judicial efficiency, the court remarked, “It is in the public interest that there should not be a multiplicity of litigations. A PIL is filed only so that a particular section of society does not remain unheard and their cause should be espoused in a court of law.”
The bench concluded that the present PIL did not warrant any indulgence and hence was dismissed. However, the court granted Vinit Vinod Dhotre the liberty to file an application seeking to intervene in the petitions filed by the aggrieved persons. “If the other bench feels that it requires these petitioners’ assistance, then it may decide to hear them,” the High Court observed.
During the proceedings, Dhotre’s advocate argued that the PIL was maintainable since the petitioner belonged to the Scheduled Caste (SC) category. However, Advocate General Birendra Saraf opposed this claim, stating that the government resolution has no bearing on the SC community.
In his plea, Dhotre challenged the legality of the government resolutions to issue Kunbi caste certificates to Maratha community members, labeling the decision as arbitrary, unconstitutional, and bad in law. He urged the court to quash the decision.
(With inputs from PTI)
https://www.mid-day.com/news/india-news/article/bombay-high-court-dismisses-pil-against-maratha-quota-agitation-23594666