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2026 DAILYLAW 7270 (BOM)

OMKAR S/O SUBHASH SABANWAD v. THE STATE OF MAHARASHTRA THR SEC. GEN ADM. DEPT. AND ORS

WP/11975/2026 · 2026-09-08

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

912-WP-11975-26.doc Sharayu Khot. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11975 OF 2026 Omkar S/o Subhash Sabanwad …Petitioner Versus The State of Maharashtra & Ors. …Respondents ---------- Mr. Sahil Choudhari for the Petitioner. Ms. Priyanka B. Chavan, AGP for the Respondent-State. Mr. Nikhil Chavan for the Respondent No. 2-CET Cell. ---------- CORAM : R.I. CHAGLA J FIRDOSH P. POONIWALLA, J DATE : 8 September 2026 ORDER : 1. The present Petition has sought a direction to Respondent No. 2 - State CET Cell and Respondent No. 3 - University to grant the Petitioner a period of six months from 7th September 2026, or such other reasonable period, to submit the Petitioner's Tribe Validity Certificate on the same terms as granted to candidates belonging to OBC and SEBC categories under Government Resolution dated 2nd July 2026. 1/4 SHARAYU PANDURANG KHOT Digitally signed by SHARAYU PANDURANG KHOT Date: 2026.09.09 10:56:41 +0530 912-WP-11975-26.doc 2. Further consequential relief has been sought for restraining the Respondents No. 2 and 3 from cancelling, withdrawing, or otherwise adversely affecting the Petitioner's admission to the B.E. / B.Tech course at Respondent No. 3 - College on the ground of non-submission of the Tribe Validity Certificate, until a decision of Respondent No. 4 - Scrutiny Committee on the Petitioner's pending Tribe Claim and for a reasonable period thereafter. 3. Respondent No. 4 - Scheduled Tribe Certificate Scrutiny Committee, Kinwat-1, having its Headquarters at Chhatrapati Sambhajinagar is within the jurisdiction of the Aurangabad Bench of this Court. 4. The Tribe Validity claim of the Petitioner is yet to be decided by Respondent No. 4 - Scrutiny Committee. It is pertinent to note that an Application has been made by the Petitioner for deciding his Tribe Validity claim on 25th June 2026. Accordingly, it would be necessary for the Aurangabad Bench of this Court to consider the time frame within which the Tribe Validity claim of the Petitioner is to be decided. 2/4 912-WP-11975-26.doc 5. Considering that 7th September 2026 was the last date for submission of the Tribe Validity Certificate by the Petitioner and in view of the Tribe Validity claim not having been decided by Respondent No. 4 - Scrutiny Committee, we consider it appropriate that till the Petition is transferred to the Aurangabad Bench of this Court and the matter is taken up for consideration, the Petitioner requires to be protected by directing the Respondents No. 2 and 3 not to cancel the Petitioner's admission allotment to the B.E. / Btech course at Respondent No. 3 - College on the ground of non- submission of the Tribe Validity Certificate. This direction is issued upon following the view taken by this Court on 3rd September 2026 viz. there being no reasons as to why the benefit of Government Resolution dated 2nd July 2026 is not extended to the other categories, including the Scheduled Tribe to which the Petitioner claims to belong. 6. Further, it is pertinent to note that by a subsequent Government Resolution dated 4th September 2026, the benefit of Government Resolution dated 2nd July 2026 has been extended to the other categories. However, the Scheduled Tribe has not been included. It is necessary to note that the time period for submission 3/4 912-WP-11975-26.doc of the Caste Validity Certificate has been reduced to a period of three months from six months. 7. The Registry shall transfer this Petition to the Aurangabad Bench of this Court. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.] 4/4