AVANTI S/O VIVEK BHUYAR v. THE SCHEDULED TRIBE CASTE CERTIFICATE SCRUTINY COMMITTEE, THR. ITS MEMBER SEC. AND ORS.
WP/6781/2026 · 2026-09-01
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5480 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5480 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
903 WP-6781-2026 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6781 OF 2026 [Avanti Vivek Bhuyar ..vs.. The Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati and others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri. R. S. Suryawanshi, Advocate for Petitioner. Ms. Shamsi Haider. Asst. G. P. for Respondent No.1.
CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATE :
1 st SEPTEMBER,
2026
.
1. Shri. Nikhil Gaikwad, learned counsel, appeared and waived service of notice on behalf of respondent No.3 - State Common Entrance Test Cell, Mumbai.
2. By this petition, the petitioner is seeking a direction to respondent No.1 - Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati, to decide her caste claim expeditiously, as well as a direction to respondent Nos.2 and 3 not to cancel the admission of the petitioner from the Scheduled Tribe Category till the final decision of respondent No.1 - Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati.
3. Heard learned counsel for the petitioner, who submitted that the petitioner herein belongs to the “Thakur” Scheduled Tribe, which is recognized at serial No.44 in the list of the Scheduled Tribe Notification. The petitioner’s school has submitted the proposal for verification of her caste/tribe claim towards the “Thakur” Scheduled Tribe Category; however, it is still pending before respondent No.1 - Committee for verification. The petitioner has already submitted the relevant documents for the purpose of verification, but it was not decided. Now, the petitioner has been admitted to respondent No.2 - College; however, she is under an obligation to produce the validity certificate before 7th September, 2026. Due to the pendency of her caste claim, she is unable to produce the same and, on account thereof, there is an apprehension of losing her seat. Therefore, she is seeking directions. 2026:BHC-NAG:11504-DB
903 WP-6781-2026 2
4. On instructions, learned Assistant Government Pleader stated that the tribe claim can be decided within three months, subject to the vigilance report.
5.
Learned counsel for respondent No.3 submitted that, as the production of the validity certificate is a pre-condition, the petitioner is under an obligation to produce the same and therefore, the petition deserves to be dismissed.
6. On hearing both the sides and considering that the Government has already considered this aspect by issuing a Government Resolution extending the period of six months for SBC and OBC, therefore, we are of the considered opinion that the same criteria can be applied to the other categories, i.e. Scheduled Castes, Scheduled Tribes, Vimukta Jati and Nomadic Tribes etc. In view of that, we are of the considered opinion that respondent No.3 - State Common Entrance Test Cell, Mumbai, shall consider the petitioner’s candidature from the Scheduled Tribe Category.
7. Respondent No.1 - Committee shall decide the caste claim of the petitioner within three months from the date of receipt of this order. Till then, respondent Nos.2 and 3 shall not cancel the admission of the present petitioner from the Scheduled Tribe Category.
8. Needless to say that the admission of the petitioner shall be subject to the decision of respondent No.1 - Committee regarding her caste claim. The petitioner cannot seek any equity on that ground.
9. The present writ petition is, accordingly, disposed of.
(RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.)
TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 01/09/2026 19:27:01