ISHWARI D/O SAINATH LAKHMOD THROU. HER FATHER SAINATH S/O POSHATTI LAKHMOD v. THE STATE OF MAHARASHTRA THROU. SEC. GENERAL ADMINISTRATION DEPT AND ANR
WP/12158/2026 · 2026-09-11
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8067 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8067 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
sr.910-wp-12158-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12158 OF 2026 Ishwari D/o Sainath Lakhmod .. Petitioner Versus The State of Maharashtra & Anr. .. Respondents Adv. Ghanshyam K. Chinchole a/w Adv. Ratan L. Adhe & Adv. Shubham R. Nikam for the Petitioner. Adv. Nikhil Chavan for Respondent No.2- CET Cell. Mr. S. H. Kankad, AGP for State. CORAM:
R.I CHAGLA & FIRDOSH P. POONIWALLA, JJ. DATE:
SEPTEMBER 11, 2026 P. C.
1. Rule. Rule made returnable forthwith. Heard by consent of parties. 2. This Writ Petition has been moved on ground of urgency, in view of the Petitioner seeking a direction to Respondent No.2 to allow the Petitioner to participate in CAP Round 2 and onwards of NEET-UG-2026 without asking for submission of the Tribe Validity Certificate, as the Tribe claim of the Petitioner is pending before the Tribe Verification Committee. Page 1 of 4 SEPTEMBER 11, 2026 Mansi shelke MANSI DHANANJAY SHELKE Digitally signed by MANSI DHANANJAY SHELKE Date: 2026.09.11 18:13:00 +0530
sr.910-wp-12158-2026.doc
3. The learned counsel appearing for the Petitioner has placed reliance upon the Order of this Court dated 8th September, 2026 passed in Writ Petition No. 11962 of 2026, wherein, in a similar case as the present, this Court had considered that the Petitioner had filed his Tribe Validity Claim way back on 7th May, 2025 and the same had not been considered. This Court had accordingly directed the Scrutiny Committee to decide the claim of the Petitioner within a period of 3 months from the date of the Order, upon considering that by Government Resolutions dated 2nd July, 2026 and 4th September, 2026, the Respondent-State had extended the period for submission of the Caste Validity Certificate, which previously was 6 months, and now was reduced to 3 months. This Court had accordingly considered it appropriate to direct Respondent No.2 State CET Cell to allow the Petitioner to be considered from Schedule Tribe category in CAP Round 2 of NEET-UG- 2026, without insisting upon submission of Tribe Validity Certificate, in view of the Tribe Validity Claim of the Petitioner pending before the Scrutiny Committee. 4. We are inclined to adopt a similar view as taken by this Court in the said Order dated 8th September, 2026.
Here also, the Tribe Validity Claim has been pending since 13th January, 2025 with the Tribe Verification SEPTEMBER 11, 2026 Mansi shelke
sr.910-wp-12158-2026.doc
Committee. By an Order dated 2nd April, 2026 passed by this Court in Writ Petition No. 3460 of 2026, this Court had directed the Scrutiny Committee to decide the Tribe Claim of the Petitioner as expeditiously as possible and preferably by the end of July, 2026. 5. The learned counsel appearing for the Petitioner states that the Tribe Validity Claim of the Petitioner is till date not decided and, in fact, the Scrutiny Committee has now sought for a Vigilance Cell Report. The Statement is accepted. 6. In view of the above statement and considering that the Tribe Validity Claim of the Petitioner till date has not been decided by the Scrutiny Committee, as well as noting that the Respondent- State, though having issued Government Resolutions dated 2nd July, 2026 and 4th September, 2026, has therein not extended to the Scheduled Tribes the benefit given to other reserved categories of submission of Caste Validity Certificate within extended period as provided in the said Government Resolutions. 7. Accordingly, we direct the Respondent No. 2- State CET Cell to consider the Petitioner from the Scheduled Tribe category in CAP Round 2 of NEET-UG-2026 and onwards without insisting upon the Tribe Validity SEPTEMBER 11, 2026 Mansi shelke
sr.910-wp-12158-2026.doc
Certificate, as Tribe Validity Claim of the Petitioner is pending before the Scrutiny Committee. 8. This shall be subject to the Petitioner’s Tribe Validity Claim being decided in his favour by the Scrutiny Committee. 9. The Writ Petition is disposed of in these terms. 10. There shall be no order as to costs. [FIRDOSH P. POONIWALLA, J.] [R. I. CHAGLA, J.] SEPTEMBER 11, 2026 Mansi shelke