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2023 DAILYLAW 3067 (BOM)

KHUSHI SANJAY PAWAR v. THE SCHEDULED TRIBE CASTE SCRUTINY COMMITTEE, YAVATMAL

CAW/2283/2026 · 2026-09-04

Civil Appealbody2023

Judgment text

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1 13 wp1049.23.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1049 OF 2023 Khushi Sanjay Pawar Vs. The Scheduled Tribe Caste Scrutiny Committee, Yavatmal and anr Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri A.J.Gilda, Counsel for the Petitioner. Mrs.S.S.Jachak, Additional Government Pleader for Respondent No.1 Shri Arnav A.Naik, Counsel for Respondent No.2. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 04 SEPTEMBER, 2026. Civil Application No………/2026 1. Heard. 2. By this application, the petitioner – student is seeking directions to respondent No.2 & 3 not to insist her for production of Caste Validity Certificate for her admission to Second Year of Full Time Under Graduate Degree Course in Pharmacy during the pendency of this petition and not to cancel/disturb her admission granted to her solely on the ground of non-production of Caste Validity Certificate. 3. Learned counsel for the petitioner submits that respondent No.1 Caste Scrutiny Committee, Yavatmal has invalidated the caste claim of the petitioner claiming to be “Thakur Scheduled Tribe.” He submits that this court vide order dated 26.6.2023 observed as under: 2026:BHC-NAG:11761-DB 2 13 wp1049.23.odt “Since the claim of the petitioner’s father of belonging to “Thakur Scheduled Tribe” has been invalidated and the challenge thereto is pending before the Hon’ble Supreme Court in Civil Appeal No.2540 of 2022, Rule. Rule returnable forthwith.” He submits that in view of the above, the present petition could not be proceeded further. Now, the appeal before the Hon’ble Apex Court is already partly allowed and the matter is remanded back. He submits that there are various Caste Validity Certificates granted to family members of the petitioner and, therefore, the petitioner is having a strong case in her favour. Now, the petitioner is admitted to Second Year of Full Time Under Graduate Degree Course in Pharmacy during the pendency of this petition. Due to non-production of the Caste Validity Certificate, there is possibility of cancellation of the admission of the petitioner and, therefore, directions of this court are required to be issued. 4. Considering the fact that various Caste Validity Certificates are issued to the family members of the petitioner in view of judgments of this court; the petitioner has been admitted to Second Year of Full Time Under Graduate Degree Course in Pharmacy, and if the Caste Validity Certificate is not submitted, an action on the part of respondent Nos.2 and 3 of cancellation of the admission of the petitioner and the petitioner would lose opportunity of taking further education, there shall be ad interim relief that respondent Nos.2 and 3 shall not cancel the admission 3 13 wp1049.23.odt granted to the petitioner solely on the ground of non-production of Caste Validity Certificate. 5. Needless to mention that the admission of the petitioner would be subject to final outcome of the present petition and the petitioner shall not claim any equity. 6. List the petition 7.10.2026. 7. Application stands disposed of. 8. Copy of this order be furnished to learned counsel for the parties to be acted upon. [JUDGE] [JUDGE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 07/09/2026 10:20:23