504-WP 12026.2026.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12026 OF 2026 Advait Arvind Jethewad …Petitioner Versus The State of Maharashtra Through its Secretary & Ors., …Respondents ---------- Mr. Prakash Nagargoje a/w Rutuparn Umesh Deo for the Petitioner. Mr. O.A. Chandurkar, Addl. GP a/w Smt. Vaishali S. Numbalkar, AGP for Respondent – State. MR. Nikhil Chavan for Respondent No.3 – CET Cell. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 8th SEPTEMBER, 2026. ORDER : 1. At the outset, learned Counsel appearing for the Petitioner has sought amendment of the Petition by deleting Respondent No.2. 2. Accordingly, leave is granted. 3. The Petitioner shall carry out the amendment in the course of today. 1/4 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.09.09 11:14:51 +0530 504-WP 12026.2026.doc 4. Rule. Rule made returnable forthwith. Heard with the consent of parties. 5. This Petition has been moved on the ground of urgency, in view of the Petitioner being unable to upload/submit the Tribe Validity Certificate. This is on the ground that his Tribe Validity Claim made on 14 November 2024 has not, till date, been decided by the Scheduled Tribe Certificate Scrutiny Committee. By an Order dated 3 August 2026, passed in Contempt Petition No. 416 of 2026, this Court (Aurangabad Bench) observed that by the Order dated 28 January 2026, the Scrutiny Committee was to decide the Tribe Claim of the Petitioner within a period of six months. The learned AGP had placed on record a Communication dated 3 August 2026 stating that, though the Petitioner's Tribe Claim has not been decided within the stipulated period, the same shall be decided positively within a further period of two months. The statement was recorded as an undertaking to this Court, failing which the Scrutiny Committee would be held liable for an aggravated form of contempt. 6. Considering that the Petitioner has been unable to submit the Caste Validity Certificate as required by Respondent No. 2/4 504-WP 12026.2026.doc 3 - State CET Cell for admitting the Petitioner to the Engineering Course at Respondent No. 5 – College, which college is allotted to the Petitioner in the CAP rounds, by the stipulated date viz. 7 September 2026, we consider it appropriate to grant the prayers sought for in the Petition. 7. By Circular dated 4 September 2026, the Respondent - State has decided to extend the time to submit the Caste Validity Certificate by a period of three months in respect of Scheduled Castes, Nomadic Tribes, VJNT, Other Backward Classes, and Special Backward Classes. This Court (Circuit Bench at Kolhapur), in Writ Petition No. 4410 of 2026 vide Order dated 4 September 2026, has taken a view that though there is no specific mention of Scheduled Tribes in the Circular dated 4 September 2026, there is no reason why the time for submitting the Caste Validity Certificate should not be extended identically in respect of Scheduled Tribe students. The non-inclusion, if any, in the Circular dated 4 September 2026 is prima facie discriminatory. 8. We are inclined to follow the view taken by this Court (Circuit Bench at Kolhapur). We are also of the prima facie opinion 3/4 504-WP 12026.2026.doc that the benefit under the Government Circular dated 4 September 2026 should also be extended to Scheduled Tribes. 9. In view of the Petitioner having been allotted Respondent No. 5 - College during the CAP rounds, we consider it appropriate to direct Respondent Nos. 3 to 5 to grant provisional admission to the Petitioner for the Engineering Course in Respondent No. 5 – College. This shall be subject to the outcome of the proceedings before the Scheduled Tribe Certificate Scrutiny Committee (Head office at Chhatrapati Sambhajinagar). 10. The Writ Petition is disposed of in the above terms. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] 4/4