PRAVIN SOUDAGAR PATANGE v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
WP/11994/2026 · 2026-09-08
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8136 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8136 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. Nos.905 to 909 & 911, 912 & 914.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 WRIT PETITION NO. 11994 OF 2026 Pravin Soudagar Patange VERSUS The State of Maharashtra Through Its Secretary And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. B. A. Shinde, AGP for Respondent-State. … AND 906 WRIT PETITION NO. 11995 OF 2026 Kiran Maroti Somwad VERSUS The State of Maharashtra And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. N. S. Tekale, AGP for Respondent-State. … AND 907 WRIT PETITION NO. 11996 OF 2026 Gajanan Soudagar Patange VERSUS The State of Maharashtra And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. B. A. Shinde, AGP for Respondent-State. … AND 908 WRIT PETITION NO. 11997 OF 2026 Ashok Dnyanoba Boinwad VERSUS The State of Maharashtra Through Its Secretary And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent-State. … Sayyed 1/5 2026:BHC-AUG:41757-DB
Sr. Nos.905 to 909 & 911, 912 & 914.doc AND 909 WRIT PETITION NO. 11998 OF 2026 Gajanand Dnyanoba Boinwad VERSUS The State of Maharashtra Thr Its Secretary And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. R. S. Wani, AGP for Respondent-State. ... AND 911 WRIT PETITION NO. 12000 OF 2026 Vinod Shesherao Pallewad VERSUS The State of Maharashtra Thr Its Secretary And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. K. N. Lokhande, AGP for Respondent-State. … AND 912 WRIT PETITION NO. 12001 OF 2026 Sahebrao Shesherao Pallewad VERSUS The State of Maharashtra Thr Its Secretary And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. B. A. Shinde, AGP for Respondent-State. ... AND 914 WRIT PETITION NO. 12009 OF 2026 Suvarna Soudagar Patange VERSUS The State of Maharashtra And Others ... Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. S. B. Pulkundwar, AGP for Respondent-State. ... Sayyed 2/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 8th SEPTEMBER, 2026 PER COURT :
1. Heard learned Advocate for the petitioner and learned AGP for the State. 2. The petitioners have prayed for direction to the Divisional Commissioner, Chhatrapati Sambhajinagar-respondent no.3, an Appellate Authority under Section 6B of the Maharashtra Act No. XXXVIII of 2026. A further prayer is to stay the impugned order.
It is contended that though the Divisional Commissioner is now appointed as Appellate Authority, the regular working has not started. 3. The second apprehension on the basis of which interim relief is prayed is that, the Committee in the footnote after the judgment has not given any intimation regarding the remedy of appeal before the Appellate Authority but on the contrary, the note shows that respondent no.4-employer is directed to take action against the petitioners under Section 10(1) and Section 11(1) and (2). He thus submits that on one hand though there is a remedy available, it is not shown in the order and on the other hand, Section 10(5) is not pointed out. Sub-section (5) of Section 10 infact, protects the service benefits of the petitioners for a period of 90 days i.e. during the Sayyed 3/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc period of appeal and for a further period of 30 days after the appeal is decided. In case no appeal is preferred till 30 days protection is given after lapsing of the limitation period of 90 days. The petitioners’ apprehension is thus that since this is not specifically mentioned in the order passed by the Committee, the employer is likely to take action against the petitioners. 4. Learned AGP submits that now law protects the petitioners like persons and the situation is taken care of and no such specific order is necessary. 5. By way of amendment which came into effect on 22.07.2026, the legislature has provided a remedy of appeal.
Sub-section (5) to Section 10 is introduced which reads as under :-
“(5) After Caste Certificate has been cancelled and confiscated by the Scrutiny Committee, the concerned Appointing Authority, Local Authority, Government, Educational Institution, Statutory Body or Agency shall take action for withdrawal of benefits given to such person, – (a) within thirty days from the date of order of the Appellate Authority if appeal is filed, and it is rejected by the Appellate Authority ; (b) within thirty days from the lapse of appeal period specified in sub-section (1) of section 6B, if appeal is not filed”; (5) in the marginal note, after the words “false Caste Certificate”, the words “fake Caste Certificate” shall be inserted. 6. It is thus clear that the action contemplated under the aforesaid provisions can be taken only after expiry of the period Sayyed 4/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc prescribed under Section 10(5), viz., 30 days from the date of disposal of the appeal, or, where no appeal is preferred, after expiry of the limitation period of 90 days and the further period of 30 days. 7. With above clarification, petitions stand disposed off. 8. The learned Divisional Commissioner is expected to decide the appeals as early as possible looking to the object behind the amendment. (JITENDRA JAIN, J.) (KISHORE C. SANT, J.) Sayyed 5/5