1 83-wp 11679-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11679 OF 2026 Pratiksha D/o Dattatray Tumkute (Minor) Through Father Dattatrya Ambaji Tumkute .. Petitioner Versus The State Of Maharashtra Through Its Secretary And Others .. Respondents Mr. Vivekanand U. Jadhav, Advocate for Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 2 & 4. CORAM : KISHORE C. SANT AND JITENDRA JAIN, JJ. DATE : 24th SEPTEMBER, 2026. PER COURT :- 1. Heard learned advocate for the petitioner. 2. Learned advocate for the petitioner submits that third round of medical admission has already started. The documents are to be uploaded till 26.09.2026. The document verification is still 28.09.2026. It is thereafter the combined registered candidates list is to be published on 29.09.2026. The difficulty of the petitioner is that though she claims to be belonging to Scheduled Tribe, her validity claim is rejected by the committee. She has approached the Commissioner by filing an appeal under section 6B of the 2026:BHC-AUG:43480-DB 2 83-wp 11679-2026.odt Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate (Amendment) Act, 2026. However, the Commissioner is not yet functioning as appellate authority. Therefore, a request is made to entertain this writ petition. 3. We find it difficult to entertain the writ petition for the reason that the appeal is pending before the appellate authority. Even if the petition is to be considered, it will have to be considered only considering prima facie case and for grant of interim relief. The Hon’ble Apex Court in the case of Dilip Vitthal Bambale & Ors. Vs. Vinitkumar Motiram Totlod & Ors. in Civil Appeal Nos. 11234-48 of 2017 has already held that, in the matters of admission no interim relief be passed. Considering this difficulty this Court also would not be in a position to pass interim orders. Under this situation, we find best course is to direct the Divisional Commissioner to decide the appeal submitted on 31.08.2026. 4. With this, the writ petition stands disposed of. 3 83-wp 11679-2026.odt 5. It is made clear that, this order is only on the peculiar facts and shall not be treated as precedent. 6. The learned A.G.P. to inform the caste scrutiny committee to produce the record before the respondent No. 4 i.e. appellate authority on 28.09.2026. On 28.09.2026 the matter be taken up at 10.30 a.m. ( JITENDRA JAIN, J.) ( KISHORE C. SANT, J. ) P.S.B.