915-WP-11626-26.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11626 OF 2026 Kalyani Ravindra Bhamare …Petitioner Versus State of Maharashtra & Ors. …Respondents ---------- Mr. R.K. Mendadkar a/w Mr. Siddhant Sawai, Ms. Priyanka Shaw and Mr. Jagdish Kawale for the Petitioner. Smt. Savina R. Crasto, AGP for the Respondent-State. Mr. Nikhil Chavan, for the Respondent No. 3-CET Cell. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J DATE : 3 September 2026 ORDER : 1. Mr. Mendadkar, the learned Counsel for the Petitioner, has sought leave to amend the Writ Petition by correcting Respondent No. 2, which is shown as “Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane” with the correct name as “Scheduled Tribe Certificate Scrutiny Committee, Nashik-2”. The amendment is allowed, which shall be carried out forthwith. Re- 1/7 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.09.05 12:51:04 +0530 915-WP-11626-26.doc verification is dispensed with. 2. Having heard Mr. Mendadkar, we find that the Petitioner No. 2 has been wrongly joined in the present Petition and as the Petitioner No. 2 is yet to participate in the CAP round process, we accordingly, permit Mr. Mendadkar to delete Petitioner No. 2 as party Petitioner in the cause title and grant him liberty to file a fresh appropriate Petition with regard to Petitioner No. 2. This amendment shall also be carried out forthwith. Re-verification is dispensed with. 3. The Writ Petition has been moved on ground of urgency, in view of the Petitioner requiring to submit Caste Validity Certificate on or before 7th September 2026 having been allotted admission by the Respondent No. 3 to the Sinhgad College of Engineering, Vadgaon (BK), Pune. Failure to submit the Caste Validity Certificate may result in the Respondent No.3 cancelling the Petitioner's allotment to the Sinhgad College of Engineering, Vadgaon (BK), Pune. The grievance being that inspite of Applications having been made for Caste Validity Certificate on 22nd June 2026 and 29th June 2026, the Respondent No. 2 - Scrutiny Committee has till date not decided on the Petitioner’s Tribe Validity claim. 2/7 915-WP-11626-26.doc 4. The Petitioner by way of amendment of the Petition has impugned the Government Resolution dated 2nd July 2026 in that it omits the “Scheduled Tribe” category from the class of candidates granted six months to submit their Caste Validity Certificate. This is with a view that students may not face any difficulty in the admission process and in order to avoid admission loss to them. 5. Mr. Sahil Choudhari, the learned Counsel appearing for the Petitioner, has placed reliance upon a decision of this Court (Nagpur Bench) in Aditi D/o Ramsing Jadhao Vs. The Vice- Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal & Anr.1. This Court has in a similar case considered the said Government Resolution dated 2nd July 2026 granting a period of six months from date of admission to the candidates belonging to reserved categories, viz. SEBC and OBC, for submitting Caste Certificates and Caste Validity Certificates. This Court has not found any reasons as to why such benefit of six months period should not be granted to other categories such as “Scheduled Tribes, Scheduled Castes, Vimukta Jatis and Nomadic Tribes”. This Court has accordingly, directed the Respondent No.1 – State / 1 Writ Petition No. 6545 of 2026 order dated 24th August 2026 3/7 915-WP-11626-26.doc Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal to decide the caste claim of the Petitioner within a period of four months from the date of the said order. Further, it was directed that admission process of the Petitioner for admission to First Year M.B.B.S. course should be processed by Respondent No.2 - State CET Cell and provisional admission should be granted to her. Respondent No.2 - State CET Cell was also directed to consider the candidature of the Petitioner from the reserved category, i.e. Scheduled Tribe category. The Writ Petition had been disposed of accordingly. 6. Mr. Mendadkar has sought for a similar order to be passed in the present Petition. 7. The learned AGP appearing for the Respondent Nos. 1 and 2, has submitted that as per instructions of the State General Administration Department, the purpose of issuing Government Resolution dated 2nd July 2026 is that since reservation has been newly made applicable to Socially and Economically Backward Classes (SEBC), and time would be required for students holding Kunbi Caste Certificates issued on the basis of records traced by the Committee constituted under the Chairmanship of the Honorable 4/7 915-WP-11626-26.doc Justice Shri. Sandeep Shinde (retired) to obtain Caste Validity Certificate, in order for these students not to face any difficulty in the admission process and/or to avoid academic loss to them, the said Government Resolution grants by way of a one time opportunity, an extension of six months to the candidates belonging to SEBC and OBC for submission of their Caste Certificates. 8. We have considered the aforesaid purpose for issuing the Government Resolution dated 2nd July 2026. However, we are of the same view as that taken by this Court (Nagpur Bench) vide order dated 24th August 2026 that there are no reasons as to why such benefit of six months period should not be granted to other categories, viz. “Scheduled Tribes, Scheduled Castes, Vimukta Jatis and Nomadic Tribes”. We find from several cases which come up before this Court that the Scrutiny Committee takes an inordinate period of time for deciding the Caste Validity claims, and which results in several Petitions being filed before this Court. 9. Accordingly, the students are unable to submit the Caste Validity Certificate during the prescribed period for admission to their respective courses, and resulting in their admissions being liable to 5/7 915-WP-11626-26.doc be cancelled on that ground. 10. We accordingly, consider it appropriate in these circumstances and in the interest of the students to direct the Respondent-State to take a decision on making the said Government Resolution dated 2nd July 2026 applicable to other categories, “Scheduled Tribes, Scheduled Castes, Vimukta Jatis and Nomadic Tribes”. 11. In the circumstances of the present case, we direct the Respondent No.2 – The Scheduled Tribe Certificate Scrutiny Committee, Nashik-2 to decide the caste claim of the Petitioner within a period of four months from today. 12. The Respondent No.3 - State CET Cell shall consider the admission of the present Petitioner from the Scheduled Tribe category to the B.E. course at Sinhgad College of Engineering, Vadgaon (BK), Pune and grant provisional admission without insisting upon submission of the Tribe Validity Certificate. 13. The admission to be granted by the Sinhgad College of 6/7 915-WP-11626-26.doc Engineering, Vadgaon (BK), Pune shall be subject to the final outcome of the Tribe Validity claim of the Petitioner decided by the Respondent No.2 - Scrutiny Committee. 14. The Writ Petition is disposed of in these terms. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 7/7