The Maharashtra State Backward Classes Commission (MSBCC) in its report which was shared with the court and the petitioner has made some solid claims about the Maratha community. It has observed that the Marathas and Kunbis are one and the same, and there was no separate Maratha caste as such. Kunbi is a caste of the farmers or people engaging in agriculture. Maratha is not a distinct caste, particularly when there is no definite source available that defines Marathas as a caste.

The Commission's candid observation in its report is expected to bring in new twist in the ongoing hearing on petition filed by Dr Gunaratan Sadavarte, who has challenged the state's decision to grant 16% reservation to Marathas in jobs and education under the socially and educationally backward class (SEBC) category. The Commission's report was shared on Tuesday following the Bombay High Court's directive in this regard.

The report adds states: "Kunbis have already been enlisted in the list of OBCs followed by enlisting Maratha-Kunbi and Kunbi-Maratha. This thereby leaves no scope for debate on this aspect".

"This also leads to conclude that Maratha and Kunbi are not two distinct castes, but one and the same caste. Mere deviation of people who are Kunbis from their agricultural occupation for the time being by joining armies did not and does not lose their case as Kunbi. It is well settled that caste is not changed even by conversion like religion," the Commission report states.

Reservation expert Dr Balasaheb Sarate said the Commission's observation is important especially when the Kunbis are part of OBC category included in the first list of 180 castes declared by the state government in 1967. The total reservation given to OBC as a whole is 32%. The Commission has stated that OBC is about 34% of the state population. "Therefore, the Maratha community should have been included in the same quota of 32% as separate SEBC class or as a part of same list as the government has acted upon under the under section 9(2) of the MSBCC Act, 2005. The same provision does not give any scope for giving reservation other than the existing quota," Dr Sarate said.

He reminded that the state government has placated the Maratha community by creating new SEBC category by providing 16% quota which is beyond the existing 52% reservation.

Furthermore, the Commission said that political dominance is absolutely of no relevance for non-inclusion of the Maratha community or any other caste in the list of Backward Classes as the same has to be done on the basis of social and educational backwardness as contemplated by clauses 9(4) of article 15 and clause (4) of article 16 of the Constitution.
‘No Debate’

“Kunbis have already been enlisted in the list of OBCs followed by enlisting Maratha-Kunbi and Kunbi-Maratha. This thereby leaves no scope for debate on this aspect,” says the panel report