( 1 ) wp11065.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 20 WRIT PETITION NO. 11065 OF 2026 VITTHAL SHIVAJI HOLKAR VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS 21 WRIT PETITION NO. 11066 OF 2026 GOVIND SHANKARRAO JAKKEWAD VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS 22 WRIT PETITION NO. 11067 OF 2026 SHIVAJI VITTHALRAO HOLKAR VERSUS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS 48 WRIT PETITION NO. 11064 OF 2026 SATISH SHANKARRAO JAKKEWAD VERSUS THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS Mr. S.M. Vibhute, Advocate for the petitioners. Mr. P.S. Patil, Mr. R.S. Wani, Mr. K.N. Lokhande and Mr. P.K. Lakhotiya, AGPs for the respondent-State. Mr. Om Totwad h/f. Mr. Anant Kanle, Advocate for respondent Nos.6 and 7 in WP Nos. 11065 & 11067 of 2026. J.P. Associates, Advocate for respondent No.9 in WP 11066 of 2026. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 29.09.2026 PC :- 1. Head Mr. Vibhute, the learned Advocate for the petitioners and learned AGP for Respondent/State. 2026:BHC-AUG:45817-DB ( 2 ) wp11065.26 2. The prayer in this petitions is to direct the Respondent No.3/Commissioner to register and decide the Appeal proceedings of the petitioner, wherein the challenge is sought to be raised to the impugned orders dated 14/08/2026 passed by Respondent No.2/Committee invalidating the tribe claim of the petitioners as belonging to Scheduled Tribe. 3. It is specifically brought to the notice of this Court that now, in view of Section 6B i.e. (6)(ख) of the 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, Act, 2026 (Mah.XXXVIII of 2026) (hereinafter referred to as “the said Act”), a remedy of appeal is provided. By way of notification dated 10/08/2026 now the Divisional Commissioner of the respective area is appointed as an Appellate Authority under the said Act. 4. Learned Advocate Mr. Vibhute submits that though by way of adding sub-Section (5)(a) and (5)(b) to Section 10, protection is granted to a person who is in service for a period of 90 days i.e. during the pendency of appeal and a further 30 days from the date of decision of the Appellate Authority. In case no appeal is preferred till 30 days ( 3 ) wp11065.26 protection is given after lapsing of the limitation period of 90 days. The concern expressed is that even now the Committee while passing the order records that the employer should take action after invalidation. He submits that, in fact, now the Committee has to specifically inserted sub- Section (5)(a) and (5)(b) of Section 10 of the said Act. 5. On the contrary, the Committee now puts up notes in the order directing the authority to register an FIR, in case it comes to the conclusion that the certificate produced before the Committee is false or fake certificate. He thus submits that this creates confusion and some cases, the employer may take action of termination as sub-Section (5)(a) and (5)(b) of Section 10, are not referred to in the order. 6. Learned AGP submits that, in fact, the Committee are now directed to incorporate in the provisions of Section (5)(a) and (5)(b) and 6B in their orders to give an idea about the appellate remedy available to the claimants. 7. However, till now, the orders show only other provisions but not the provisions of Sections 6B, 10(5)(a) and 10(5)(b) of the said Act. The Committee/Respondent No. 2 and Respondent Nos. 6 to 8, are therefore directed to incorporate in the order the provisions of Sections 6B i.e. (6) ( 4 ) wp11065.26 (ख) and 10(5)(a) and 10(5)(b) i.e. 10(5)(क) and 10(5)(ख). 8. In view of above, the petitiond stand disposed off. 9. The respondent No.3/Appellate Authority to register Appeals and decide the same as early as possible. Till such time, in terms of Section 10(5)(a) and 10(5)(b), no adverse action be taken against the petitioners. 10. With these, writ petitions stand disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] snk/2026/Sep26/wp11065.26