1 908-wp-10707- 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10707 OF 2026 Manas Manoj Yelgulwar through Father Manoj Prakash Yelgulwar ...Petitioner Vs. The State of Maharashtra through Secretary, Tribal Development Department and Others ...Respondents ----------------- Mr. R. K. Mendadkar a/w. Mr. Jagadish C. Kawale, for the Petitioner. Ms. Megha Gowalani, for Respondent No.3 / CET CELL through Commissioner. Ms. Kavita N. Solunke, Addl. G.P. a/w. Mr. V. G. Badgujar, AGP, for Respondent Nos.1 and 2 / State. ----------------- CORAM : R. I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATED : 28th AUGUST, 2026 P.C.:- 1. Mr. Mendadkar, the learned Counsel appearing for the Petitioner, has tendered draft amendment seeking amendment of the Petition by joining State CET Cell, through Commissioner, and PVG’s College of Engineering and Technology, Pune, which has granted Mamta Kale 1/5 MAMTA AMAR KALE Digitally signed by MAMTA AMAR KALE Date: 2026.08.28 19:37:06 +0530 2 908-wp-10707- 2026.doc provisional allotment of seat to the Petitioner and for consequential amendments. We have allowed the Petitioner to carry out the amendment as per the draft amendment. The draft amendment is taken on record and marked ‘X’ for identification. The amendment shall be carried out forthwith. Re-verification is dispensed with. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. This Petition has been moved on the ground of urgency in view of the Petitioner having been allotted provisional admission by Respondent No.3 State CET Cell. 4. The last date for submission of the Caste Validity Certificate is 7th September 2026 as per the Schedule of CAP Round for admission of the First Year Under Graduate Technical Course in Engineering and Technology (4 Years) for Academic Year 2026-2027. 5. Mr. Mendadkar, the learned Counsel appearing for the Petitioner, has submitted that, despite the Application made by the Petitioner on 11th June 2026, seeking grant of a Caste Validity Certificate in respect of the Petitioner’s Caste Certificate showing the Petitioner’s caste as Scheduled Tribe “Koli Mahadev”, the said Application has not been decided till date. 6. Mr. Mendadkar has referred to several Certificates of Validity issued by Respondent No.2 Scrutiny Committee to the Petitioner’s paternal Mamta Kale 2/5 3 908-wp-10707- 2026.doc blood relatives. The same have been referred to in, and annexed to, the Additional Affidavit on behalf of the Petitioner on 28th August 2026 which is tendered and taken on record. He has also referred to the decisions of this Court in cases where the Scrutiny Committee had initially invalidated the tribe claim of the Petitioner’s paternal blood relatives and the Petitions challenging the same have been allowed. The Caste Validity Certificates’ of the Petitioner’s blood relatives’ tribe claim have been annexed to the Additional Affidavit filed on behalf of the Petitioner. 7. Mr. Mendadkar, the learned Counsel for the Petitioner, has also referred to the decision of this Court in Nandkumar Manohar More Vs. The State of Maharashtra and Others in Writ Petition No.1602 of 1998 decided on 20th December 2012 (Nagpur Bench) which has been followed in Writ Petition No.10697 of 2026 decided on 27th August 2026 in Varad Jaywant Patil, Minor Through Father Jaywant Patil Vs. State of Maharashtra & Others, wherein this Court has taken a view that where the paternal blood relatives of the Petitioner have been granted Caste Validity Certificates, permitting the Scrutiny Committee to again conduct an inquiry through Vigilance Cell of the Petitioner would be nothing else but prolonging the decision of a legitimate claim of the Petitioner before the Court. 8. Mr. Mendadkar, the learned Counsel, has accordingly sought for the Petition to be allowed by directing the Respondent No.2 Scrutiny Committee to render decision on Petitioner’s Application for Caste Validity Mamta Kale 3/5 4 908-wp-10707- 2026.doc Certificate expeditiously, and, in any event, within a period of one week from today, given the Schedule of CAP Rounds’ and requirement of the College to submit the Caste Validity Certificate, if granted in the Petitioner’s favour, by 7th September 2026. 9. The learned AGP appearing for Respondent Nos.1 and 2 – State, states that the Vigilence Cell Inquiry Report is awaited and accordingly has sought further time for rendering decision on the aforesaid Petitioner’s Application. 10. Having considered the submissions, as well as the submission of learned Counsel appearing for Respondent No.3 State CET Cell, given the documents on record which includes Caste Validity Certificate issued to the Petitioner’s paternal blood relatives, and the decisions of this Court in Nandkumar Manohar More (Nagpur Bench) (Supra) and Varad Jaywant Patil (Supra) (Principal Bench), we consider it appropriate to dispense with the Vigilence Cell inquiry as this Court does not want to prolong the legitimate claim of the Petitioner before this Court. 11. Mr. Mendadkar, the learned Counsel, on instructions, states that the Petitioner is agreeable for dispensation of the Vigilence Cell inquiry in the proceedings before Respondent No.2 Scrutiny Committee. The statement is accepted. 12. In that view of the matter, we direct Respondent No.2 Scrutiny Committee to render a decision on the Petitioner’s Application for Caste Mamta Kale 4/5 5 908-wp-10707- 2026.doc Validity Certificate as belonging to the Koli Mahadev Tribe, within a period of one week from today, viz., on or before 4th September 2026. 13. This would enable the Petitioner to submit his Caste Validity Certificate, if granted in his favour by Respondent No.2 Scrutiny Committee, on the portal of the Respondent No.3 State CET Cell, towards the provisional seat allotted to the Petitioner in Respondent No.4 College by Respondent No.3 State CET Cell. 14. Rule is made absolute in the above terms. 15. The Writ Petition is disposed of in the above terms. However, there shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] Mamta Kale 5/5