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2026 DAILYLAW 7448 (BOM)

RUSHIKESH RAKHMAJI AMBHORE v. THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

WP/11827/2026 · 2026-09-07

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Judgment text

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( 1 ) wp11827.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 6 WRIT PETITION NO. 11827 OF 2026 RUSHIKESH RAKHMAJI AMBHORE VERSUS THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS Mr. J.J. Patil, Advocate for the petitioner. Mr. S.R. Yadav Lonikar, AGP for the respondent-State. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 07.09.2026 PC :- 01. Heard learned Advocate for the petitioner. The petitioner has received show-cause notice issued by the Tahsildar from the office of Collector, Beed dated 25.08.2026, as to why no action be taken against the petitioner for non-submission of caste validity certificate. His further prayer is for direction to the Scrutiny Committee to decide the claim of the petitioner within stipulated period. 02. The petitioner came to be appointed on 04.03.2015 as “Kotwal” by order of the Tahsildar, Ambajogai. He was appointed on the post reserved for a person belonging to Scheduled Tribe category. The wording in the appointment order shows that it was necessary to submit tribe validity certificate within six months from the date of the 2026:BHC-AUG:41343-DB ( 2 ) wp11827.26 appointment. It is seen that, however, for all these years, no proposal was sent to the Scrutiny Committee. On receipt of complaint by one person, the Collector now has issued notice for the first time. The proposal of the petitioner is referred to on 14.05.2026, which is registered on 13.06.2026 i.e. after more than 11 years of joining of the service. The petitioner was well aware of the condition imposed in the appointment order. However, no reason is coming forward as to why his claim is not referred earlier. Learned Advocate for the petitioner tried to give an excuse that in the meantime, there was corona pandemic period. However, corona pandemic period started in early 2020 and continued till May, 2022. There is no explanation for the period prior to corona pandemic and the period thereafter. Be it as it may. Since, there is threat of termination, we pass following order :- 03. The impugned notice dated 25.08.2026 stands quashed and set aside. The Scrutiny Committee to decide the tribe claim of the petitioner within six months from today. In no case, said period will be extended. The petitioner to give an undertaking that he shall cooperate the Scrutiny Committee and shall not seek any single adjournment from the Scrutiny Committee. This protection is continued only for six months from today or till the decision is taken by the Scrutiny Committee. ( 3 ) wp11827.26 04. With the above, this Writ Petition stands disposed off. It is made clear that if it is found that due to fault of the petitioner the enquiry could not be completed within six months, the petitioner shall not claim equity. The petitioner to appear before the Scrutiny Committee on 21.09.2026 without any separate notice. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] snk/2026/Sep26/wp11827.26