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2026 DAILYLAW 8014 (BOM)

AARYA RAGHUNATH KOLI v. THE STATE OF MAHARASHTRA THR SECRETARY AND ORS

WP/11982/2026 · 2026-09-08

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Judgment text

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902-wp-11982-2026.doc jsn IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11982 OF 2026 Aarya D/o. Raghunath Koli ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents ---------- Mr. Sahil Choudhari, for the Petitioner. Mr. Nikhil Chavan, for the Respondent No.2. Ms. Kavita N. Solunke, Addl. G.P. with Mr. Badgujar, AGP for the Respondent. ---------- CORAM : R.I. CHAGLA AND FIRDOSH P. POONIWALLA, JJ. DATE : 10TH SEPTEMBER, 2026. O R D E R: 1. This Writ Petition has been moved on the ground of urgency in view of the Petitioner seeking directions to Respondent Nos. 2 and 3 not to cancel, withdraw, or otherwise adversely affect the Petitioner's admission to the B.E. Course at Respondent No. 3 - College on the sole ground of non-submission of the Tribe Validity Certificate, until the decision of Respondent No. 4 on the Petitioner's Tribe Claim and for a reasonable period thereafter. 2. There are other Petitions which have been filed before this Court seeking a similar prayer. It is pertinent to note that the 1/3 JITENDRA SHANKAR NIJASURE Digitally signed by JITENDRA SHANKAR NIJASURE Date: 2026.09.11 12:15:47 +0530 902-wp-11982-2026.doc Respondent No. 4, the Scheduled Tribe Certificate Scrutiny Committee, Deopur, Dhule has its headquarters at Dhule which is amenable to the jurisdiction of the Aurangabad Bench of this Court. We are accordingly of the view that the Writ Petition should be transferred to the Aurangabad Bench of this Court. This has also been done in a similar case viz. Writ Petition No.11975 of 2026 vide order dated 8th September 2026. 3. In the said order, this Court had upon so observing, protected the Petitioner's admission till the Petition is transferred to the Aurangabad Bench of this Court and the matter taken up for consideration. We accordingly find it appropriate to pass a similar order. 4. We accordingly direct Respondent Nos. 2 and 3 not to cancel the Petitioner's admission/allotment to the B.E./B.Tech Course at Respondent No. 3 - College on the ground of non-submission of the Tribe Validity Certificate. This direction is issued for protecting the Petitioner’s admission in the Respondent No.3 – College till the Aurangabad Bench of this Court to whom this Petition is directed to be transferred takes up the matter for consideration. Further, this direction has been issued in view of the Government Resolution 2/3 902-wp-11982-2026.doc dated 2nd July 2026, as well as the subsequent Government Resolution dated 4th September 2026, extending the time period for submission of the Caste Validity Certificate, which by the earlier Government Resolution was extended by a period of six months and thereafter by subsequent Government Resolution reduced to a period of three months for all categories other than Scheduled Tribes. We find that no reasons have been given as to why the benefit of the said Government Resolutions has not been extended to Scheduled Tribes. 5. The Registry shall accordingly transfer this Petition to the Aurangabad Bench of this Court. 6. In view of this order, though this Court had on prior date when the Writ Petition had come up directed deletion of Respondent No.4 and prayer in respect thereof, which deletion has been carried out, we consider it appropriate that Respondent No.4 be restored as party Respondent along with the said prayer. The Petitioner shall carry out the requisite amendment in the Petition forthwith. Re- verification is dispensed with. [ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ] 3/3