The Bombay High Court on Thursday dismissed a PIL challenging Maharashtra’s decision to issue Kunbi caste certificates to Marathas for reservation benefits. The bench held that only aggrieved persons, such as OBC members, can challenge the move, not outsiders.
Representational Image. File Pic
Amid the stir between the government and the Maratha morcha activists, the Bombay High Court on Thursday dismissed a public interest litigation (PIL) filed by an advocate against the Maharashtra government's decision. The PIL was filed by an advocate against the government for issuing Kunbi caste certificates to Maratha community members for reservation, noting that the petitioner was not an aggrieved person.
As reported by news agency PTI, a bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad noted that aggrieved persons (people from the Other Backward Classes category) have already filed petitions in the HC, which will be heard by another bench on September 22.
The High Court, while rejecting the PIL, said that, "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 cited 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," as per PTI.
The bench of the Bombay High Court asserted that, without going into the merits of the government resolution (GR), we would observe that the high court is required to discourage the filing of petitions labelled as PILs in matters where individuals who feel affected by a government decision have approached the court.
Ensuring that there should not be any multiplicity of litigations, the court said, “It is in the public interest that there should not be a multiplicity of litigations. Adding 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 court order further stated, "This particular PIL is not one where we should grant any indulgence. We are, therefore, not inclined to entertain this PIL, and the same is dismissed."
The bench issuing an order further said that Vinit Vinod Dhotre has 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 HC said.
Dhotre's advocate told the court that the PIL was maintainable, as the petitioner belonged to the Scheduled Caste category.
However, Advocate General Birendra Saraf opposed it and said the GR has nothing to do with the SC community.
Dhotre, in his PIL, had challenged the government resolutions to issue Kunbi caste certificates to the Maratha community members so that they can avail reservations in education and jobs, reported PTI.
The plea claimed the government's decision was arbitrary, unconstitutional and bad in law and deserves to be quashed.
(With inputs from PTI)
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