ASHLESH S/O VINOD SORTE AND ANR. v. STATE OF MAHA., THR. ITS PRINCIPAL SECY. TRIBAL DEV. DEPT. AND OTHERS.
WP/7078/2026 · 2026-09-07
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7074 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7074 (BOM) · dailylaw.ai ]
Judgment text
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12.WP.7078.2026 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 7078 OF 2026 Ashlesh S/o. Vinod Sorte & Anr. Vs. State of Maharashtra, through is Principal Secretary, Tribal Development Department, Mantralaya, Mumbai & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Mr. S.D. Chande, Advocate for the Petitioners. Ms. H.N. Jaipurkar, AGP for Respondent Nos.1, 2 & 5/State. Mr. Nikhil Gaikwad, Advocate for Respondent No.4. -------------------------------
CORAM : URMILA JOSHI-PHALKE AND R
AJ D.
WAKODE
, JJ.
DATE : 07.09.2026 By this petition, the petitioners are seeking directions to respondent No.2 – the Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal, to decide the caste claims of the present petitioners expeditiously.
2. Heard the learned counsel for the petitioners, who submitted that the petitioners claim of belong to the ‘Halba’ Scheduled Tribes and have been issued the requisite caste certificates by the competent authority. The caste claim of petitioner No.1 was forwarded to the Committee on 21.03.2024, whereas the caste claim of petitioner No.2 was forwarded on 03.07.2021. Both the caste claims are pending with the Committee. Petitioner No.1 is now admitted to the Computer Science and Engineering course in respondent No.3 – College. Whereas petitioner No.2 has cleared the NEET examination and there is a possibility of his seeking admission 2026:BHC-NAG:11843-DB
12.WP.7078.2026 2/3 in the further CAP rounds. As a pre-condition for admission, production of a validity certificate is required, which the petitioners are unable to produce due to the pendency of their caste claims. In view of the same, they are seeking directions not only to respondent No.2 but also to respondent Nos.3 to 5.
3. Learned AGP and learned counsel for respondent No.4, Mr. Gaikwad, submitted that, considering the pre-condition, the prayer of the present petitioners is not sustainable.
4. On hearing both sides and on perusal of the record, it reveals that the caste claims of the petitioners are pending before the Committee for a long time, i.e. since 03.07.2021. The petitioners are students, and petitioner No.1 is already admitted to respondent No.3 – College, wherein there is a likelihood of admission of petitioner No.2. Now, this aspect is already considered by the State Government by issuing a Notification dated 04.09.2026, wherein all other categories are considered, but the Scheduled Tribe category is excluded. We are of the considered opinion that the Scheduled Tribe category can also be considered and time can be granted to the present petitioners to produce the validity certificates.
5. Learned AGP, upon instructions, makes a statement that the claims of the petitioners can be decided within six months from today. In view of the same, we proceed to pass the following order:
12.WP.7078.2026 3/3
ORDER (i) The writ petition is allowed. (ii) The respondent No.2 – Committee shall dispose of the caste claims of the present petitioners within six months from today. (iii) In the meantime, respondent Nos.3 to 5 shall not cancel the admission of petitioner No.1, and respondent No.4 shall consider the candidature of petitioner No.2 from the Scheduled Tribe category, if he is otherwise eligible for the further admission process. (iv) The admission of the present petitioners shall be subject to the final outcome of the caste claims of the present petitioners. The petitioners shall not seek any equity on that ground.
6. The petition is accordingly disposed of. No costs.
(RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 07/09/2026 20:57:59