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2026 DAILYLAW 7514 (BOM)

AYESHA MOHD AJAZ TADVI MINOR THR FATHER MAOHD EJAZ MD VIQARUDDIN TADVI v. THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

WP/11164/2026 · 2026-08-29

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Judgment text

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( 1 ) 907-WP-11164-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 WRIT PETITION NO. 11164 OF 2026 Ayesha Mohd Ajaz Tadvi Minor Thr Father Maohd Ejaz Md Viqaruddin Tadvi VERSUS The State Of Maharashtra Thr Its Secretary And Others ... Mr. G. R. Syed, Advocate for the Petitioner. Mr. P. K. Lakhotiya, AGP for Respondent-State. Mr. Sachin Kuptekar, Advocate for Respondent No.3. CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 29th AUGUST 2026. PC :- 1. Heard Mr. Syed, the learned Advocate for the petitioner, Mr. Lakhotiya, the learned AGP for respondent/State and Mr. Kuptekar, learned Advocate for Respondent No.3. 2. The petitioner has approached this Court praying for direction to Respondent No.2/Committee to decide the validity proposal of the petitioner as belonging to scheduled tribe category. ( 2 ) 907-WP-11164-2026 3. Mr. Syed, the learned Advocate for the petitioner, submits that the admission process for MBBS course is going on. In his case, his real sister’s claim is validated holding that she belongs to scheduled tribe category. The learned Advocate also prays for interim relief so that petitioner can get admission to the MBBS course. The learned Advocate vehemently submits that when there is validity in the family, there is prima facie proof in favour of petitioner for grant of interim relief. 4. Mr. Lakhotiya, the learned AGP submits that, in fact, the petitioner’s proposal is received only on 11/08/2026. It is not possible to decide the claim of the petitioner within three months in any case, looking to the pendency of the cases before the Respondent/Committee. So far as interim relief is concerned, he relies upon the judgment delivered by the Hon’ble Apex Court in the case of Dilip Vitthal Bambale and Ors. Vs. Vinitkumar Motiram Totlad and Ors. in Civil Appeal No.11234-48/2017. The Hon’ble Apex Court in the said case has clearly observed that the High Courts should not pass interim orders granting protection in the cases of admission of students. He thus submits that no case is made out to grant interim relief. ( 3 ) 907-WP-11164-2026 5. Considering all above, we deem it appropriate to direct Respondent No.2/Committee to decide the tribe claim of the petitioner as early as possible and preferably within a period of two months from today. 6. With these, writ petition stands disposed off. [JITENDRA JAIN, J.] [KISHORE C. SANT, J.] D.A.ETHAPE