1 2 wp7074.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.7074 OF 2026 Ashlesha Vinod Chaukhe vs. The State of Mah., thr.its Secretary, Ministry of Higher and Technical Education Department Mantralaya, Mumbai-32 and ors Office Notes, Office Memoranda of Court' s or Judge' s Order Coram, appearances, Court' s Orders or directions and Registrar' s order Shri R.M.Wasnik, Counsel for the Petitioner. Mrs.S.S.Jachak, Addl.G.P. for Respondent Nos.1 & 4. Shri Nikhil Gaikwad, Counsel for Respondent No.2. CORAM : URMILA JOSHI-PHALKE & RAJ D.WAKODE, JJ. DATED : 07th SEPTEMBER, 2026. 1. Heard learned counsel Shri R.M.Wasnik for the petitioner, learned Additional Government Pleader Mrs.S.S.Jachak for respondent Nos.1 and 4, and learned counsel Shri Nikhil Gaikwad for respondent No.2. 2. By this petition, the petitioner seeks a limited prayer to direct respondent No.4/Joint Commissioner/Vice- President Scheduled Tribe Certificate Scrutiny Committee, Chandrapur to decide caste claim of the petitioner belonging to “Mana Scheduled Tribe.” 3. As per contentions of the petitioner, the petitioner, who is a student, belongs to “Mana Scheduled Tribe.” Now, the petitioner is admitted for the Course of B.Tec. in respondent No.3/College. The Seat Allotment Letter 2 2 wp7074.26.odt produced on record shows that the petitioner is considered from the “Scheduled Tribe Category.” However, for the purpose of admission, the petitioner has to produce Caste Validity Certificate which is a pre-condition. Due to pendency of caste claim of the petitioner, the petitioner is unable to produce the Caste Validity Certificate and, therefore, there is apprehension of loosing the admission. In view of that, the petitioner is seeking directions to respondent Nos.2 and 3 not to cancel the admission. 4. Learned counsel for respondent No.2 submits that it is a pre-condition and, therefore, contentions of the petitioner are not sustainable. 5. Learned Additional Government for respondent Nos.1 and 4, on instructions, submits that the caste claim of the petitioner can be decided within three months. 6. In view of the statement made by learned Additional Government Pleader and considering the admission of the petitioner is from the “Scheduled Tribe Category, respondent Nos.2 and 3 shall not cancel the admission of the petitioner as the Government of Maharashtra has already considered this aspect and has granted benefits to all other castes except the Scheduled Tribe Category. We are of a considered opinion that this benefit can be extended to the Scheduled Tribe Category also. 3 2 wp7074.26.odt 7. In this view of the matter, the writ petition can be disposed of as per order below: ORDER (1) The Writ Petition is disposed of. (2) The respondent No.4/Joint Commissioner/Vice- President Scheduled Tribe Certificate Scrutiny Committee, Chandrapur is directed to decide the caste claim of the petitioner within a period of three months from today. (3) In the meanwhile, respondent Nos.2 and 3 shall not cancel the admission of the petitioner. (4) The admission of the petitioner would be subject to final outcome of the caste claim of the petitioner decided by the said Committee. (5) The petitioner shall not seek any equity on this ground. (6) With these directions, the writ petition is disposed of. No costs. (7) Copy of this order duly authenticated be furnished to learned counsel for the parties to be acted upon. [JUDGE] [JUDGE] !! BrWankhede !! Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 07/09/2026 19:47:39