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 on caste certificates.
The PIL, filed by advocate Vinit Vinod Dhotre, contested the government’s issuance of Kunbi caste certificates to members of the Maratha community for reservation benefits. However, the court noted that the petitioner was not an aggrieved person and thus lacked the standing to file the PIL.
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad observed that aggrieved persons from the Other Backward Classes (OBC) category had already filed petitions in the High Court, which are scheduled for hearing by another bench on September 22.
“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,” the court remarked, as reported by PTI.
The bench further explained, “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 High Court emphasized the need to discourage the filing of PILs in cases where directly affected individuals have already approached the court. The bench stressed that preventing multiplicity of litigations serves the public interest.
“A PIL is filed so that a particular section of society does not remain unheard and their cause is espoused in a court of law,” the court added. However, it concluded, “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 court also granted 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 noted.
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, stating that the government resolution has no connection to the SC community.
In his PIL, Dhotre challenged the government’s decision to issue Kunbi caste certificates to Maratha community members to enable them to avail reservations in education and employment. He claimed the decision was arbitrary, unconstitutional, and illegal, and therefore deserved to be quashed.
(With inputs from PTI)
https://www.mid-day.com/news/india-news/article/bombay-high-court-dismisses-pil-against-maratha-quota-agitation-23594666
