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2026 DAILYLAW 7317 (BOM)

GANGAPRASAD HANMANT PALLEWAR v. THE STATE OF MAHARASHTRA THR THE SECRETARY GENERAL ADMINISTRATION AND ORS

WP/11892/2026 · 2026-09-08

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

501-WP 11892.2026.doc Kavita S.J. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11892 OF 2026 Gangaprasad Hanmant Pallewar …Petitioner Versus The State of Maharashtra & Ors., …Respondents ---------- Mr. Sahil Choudhari for the Petitioner. Smt. Vaishali S. Nimbalkar, AGP for Respondent – State. MR. Nikhil Chavan for Respondent No.2 – CET Cell. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 8th SEPTEMBER, 2026. ORDER : 1. The learned Counsel for the Petitioner has sought leave to amend the Petition by deleting Respondent No. 4 – The Scheduled Tribe Certificate Scrutiny Committee, Kinwat, Headquarter at Chhatrapati Sambhajinagar, as well as prayer clause ‘E’ to the Petition. 2. Accordingly, leave is granted. 3. The Petitioner shall carry out the amendment to the 1/5 KAVITA SUSHIL JADHAV Digitally signed by KAVITA SUSHIL JADHAV Date: 2026.09.09 18:24:26 +0530 501-WP 11892.2026.doc Petition in the course of today. Re-verification is dispensed with. 4. Rule. Rule made returnable forthwith. Heard by consent of the parties. 5. This Petition has been filed on the grounds of urgency in view of the Petitioner, as per the schedule of Respondent No. 2 - State CET Cell, requiring to submit the Scheduled Tribe Validity Certificate on or before 7th September 2026. Although this date has expired, the Respondent No. 2 - State CET Cell has till date not cancelled the allotment to the Petitioner in Respondent No. 3 - College of Engineering Pune. 6. The Tribe Validity claim of the Petitioner has not yet been decided by the Scheduled Tribes Certificate Scrutiny Committee. By an order dated 12th March 2026 passed by this Court (Aurangabad Bench) in Writ Petition No. 2719 of 2026 filed by the present Petitioner, this Court has directed the Respondent – Scrutiny Committee to decide the Tribe Claim of the Petitioner as expeditiously as possible and preferable by the end of September 2026, in accordance with law and on it’s own merits. This was upon taking into consideration that the Tribe Claim of the Petitioner is 2/5 501-WP 11892.2026.doc pending before the Scrutiny Committee since 19th January, 2026. 7. This Court in Writ Petition No. 11628 of 2026, by an order dated 3rd September 2026, considered the Government Resolution dated 2nd July 2026, which had granted a period of six months from the date of admission to the candidates belonging to reserved categories, viz. SEBC and OBC, for submitting Caste Certificates and Caste Validity Certificates. 8. This Court relying 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, had not found any reason as to why the benefit of six months should not be granted to other categories such as Scheduled Tribes, Scheduled Castes, De-notified Tribes (Vimukta Jatis), and Nomadic Tribes. 9. This Court had accordingly, considered 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 the aforesaid 1 Writ Petition No. 6545 of 2026 order dated 24th August 2026 3/5 501-WP 11892.2026.doc categories. Thereafter, the Respondent-State issued a Government Resolution dated 4th September 2026 granting benefit to the aforesaid categories other than Scheduled Tribes and revising the time period from six months to three months for submission of the Caste Validity Certificate to the Institutions. 10. Considering that the Petitioner claims to belong to the Scheduled Tribe and the aforesaid Government Resolutions have not been made applicable to Scheduled Tribes, we direct the Respondent- State to take a decision on making these Government Resolutions applicable to Scheduled Tribes as well. 11. The Aurangabad Bench of this Court, vide order dated 12th March 2026, has directed the Respondent – Scrutiny Committee to decide the Tribe Claim of the Petitioner as expeditiously as possible and preferable by the end of September 2026, in accordance with law and on it’s own merits, in view of which the Petitioner has not been able to submit the Tribe Validity Certificate as per the requisites of the Respondent No. 2 - State CET Cell. 12. Accordingly, we direct the State CET Cell to consider the admission of the present Petitioner from the Scheduled Tribe 4/5 501-WP 11892.2026.doc category to the B.E./B.Tech. Course in the Respondent No. 3 - College and grant provisional admission without insisting upon submission of the Tribe Validity Certificate. This provisional admission shall be subject to the final outcome of the Tribe Validity claim of the Petitioner before the Scrutiny Committee. 13. The Writ Petition is disposed of in these terms. No order as to costs. [FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA, J.] 5/5