TANMAY JITENDRA GHOTI v. THE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS
WP/12698/2026 · 2026-09-24
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11567 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11567 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
904-wp-12698-2026.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12698 OF 2026 Tanmay S/o. Jitendra Ghoti ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ---------- Ms. Preeti Rane with Ms. Himani Kavi for the Petitioner. Ms. Megha Gowalani with Ms. Saharsh Manyar for the CET Cell. Mr. P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP for the State. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE :
24TH SEPTEMBER, 2026. O R D E R:
1. By this Writ Petition, the Petitioner is seeking a direction to Respondent No. 3 - State CET Cell to consider the candidature of the Petitioner in the ongoing admission process for the MBBS/BDS course from Scheduled Tribe category without insisting upon the Caste Validity Certificate during the pendency of the present Petition. 2. This Petition has been moved on the ground of urgency 1/4 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.09.28 18:55:46 +0530
904-wp-12698-2026.doc in view of the schedule of CAP Round 3 providing for online registration commencing from 22nd September 2026 and till 26th September 2026. 3. The Petitioner, who had applied for Tribe Validity Certificate to the Scheduled Tribe Certificate Scrutiny Committee No. 1, Chhatrapati Sambhajinagar on 11th December 2025, and the Tribe Validity Claim of the Petitioner having been invalidated by the Scrutiny Committee on 30th July 2026, has chosen not to move the appropriate Bench, viz. the Aurangabad Bench of this Court seeking appropriate directions with regard to the impugned Order dated 30th July 2026 and his challenge in respect thereof. This particularly considering that the Petitioner sought to participate in the Centralized Admission Procedure (CAP) for admission to MBBS/BDS courses for Academic Year 2026–2027 and was well aware of the CAP Round Schedule. 4. It is pertinent to note that the Respondent No. 3 - State CET Cell, has already converted the Application of the Petitioner from Scheduled Tribe category to Open category on 18th August 2026. 2/4
904-wp-12698-2026.doc
5.
The Petitioner's reliance on Order dated 24th August 2026 passed by the Nagpur Bench of this Court, where the Petitioner’ category in the admission process was converted to Open from the Scheduled Tribe by the State CET Cell, and direction was issued to the State CET Cell to consider the candidature of the Petitioner from Scheduled Tribe category for participation in ongoing admission process, is misplaced. That was a case where the Validity Claim had not yet been decided by the Scrutiny Committee. Further, the reliance placed by the Petitioner on the Order dated 8th September 2026 passed by this Court in Writ Petition No.11963 of 2026 is also misplaced, considering that in that case, the Petitioner had moved the Aurangabad Bench of this Court as the Scrutiny Committee had not yet decided the Tribe Validity Claim of the Petitioner and the Aurangabad Bench had accordingly granted six months to the Scrutiny Committee to decide the Tribe Claim of the Petitioner. 6. In our view, the Petitioner has belatedly approached this Court seeking directions to the State CET Cell to allow the Petitioner to participate in the ongoing admission process for the MBBS/BDS Course from Scheduled Tribe category without insisting upon the Caste Validity Certificate during pendency of the Petition. The Tribe 3/4
904-wp-12698-2026.doc Validity Claim of the Petitioner having been invalidated by the Scrutiny Committee way back on 30th July 2026, and the lack of measures taken by the Petitioner in so far as seeking directions from the appropriate Bench, viz. the Aurangabad Bench, with regard to its challenge in respect thereof, this Petition deserves to be dismissed. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. [ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ] 4/4