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2026 DAILYLAW 8240 (BOM)

KU. ANSHU VITTHAL RANDAYE D/O SHRI. VITTHAL MAROTI RANDAYE v. THE STATE COMMON ENTRANCE TEST CELL, MAH. STATE, THR. ITS COMMISSIONER, MUMBAI AND ORS.

WP/7291/2026 · 2026-09-11

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Judgment text

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1 1 wp 7291.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.7291 OF 2026 Ku. Anshu Vitthal Randay d/o Shri Vitthal Maroti Randaye .Vs. State of Maharashtra and ors. __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr N.D. Jambhule, Advocate for the petitioner. Mr S.V. Narale, APP for the respondent/State. Mr. Nikhil Gaikwad, Advocate for the respondent Nos.1 and 2. CORAM : URMILA JOSHI PHALKE AND RAJ D. WAKODE, JJ. DATED : 11.09.2026. By this petition, the petitioner is seeking the directions to respondent No.4-the Scheduled Tribe Certificate Scrutiny Committee to decide the caste claim of the petitioner expeditiously as well to the respondent Nos.1 and 2 to consider the candidature of the present petitioner from the ST category for admission in the MBBS course. 2. Heard learned counsel for the petitioner, who submitted that petitioner has already cleared MSCET Examination and obtained the rank. The result was declared on 16.07.2026. Now the CET 2026 published revised list for MBBS dated 23.08.2026 wherein petitioner was shown in open category, whereas, score card shows her category as ST. He submitted that as now there are chances of admission of 2026:BHC-NAG:12097-DB 2 1 wp 7291.26.odt..odt present petitioner in the MBBS Course but for want of validity certificate, her candidature would not be considered by the respondent Nos.1 and 2. The caste claim of the petitioner is still pending with respondent No.4. He also invited our attention towards the Government Circular wherein initially the SBC and OBC are considered by the Government by granting extension of six months. Subsequently, by notifications dated 04.09.2026 and 08.09.2026 said benefit was extended to the other categories excluding the Scheduled Tribe. Thus, he submitted that considering the other categories are already considered, this benefit can be extended to the Scheduled Tribe category also. He placed reliance on various orders passed by this Court. Accepting this contention and thereby submitted that directions be given to consider the admission of the present petitioner from the ST category. 3. Learned AGP, on instructions, submitted that caste claim of the petitioner can be decided within four months, whereas learned counsel for the respondent Nos.1 and 2 strongly opposed the said contention and submitted that now Aurangabad Bench has not extended the said benefit to the SC category. The petitioner has also approached to the Apex Court and Apex Court has declined to interfere with the said aspect and thereafter review application was filed by the petitioner. The same is also disposed of. Thus, Aurangabad Bench has already taken view 3 1 wp 7291.26.odt..odt not to consider Scheduled Tribe, in view of the said notification and therefore, the prayer of the present petitioner deserves to be rejected. 4. After hearing both the sides and on perusal of the record it shows that petitioner appeared for the examination from the Scheduled Tribe category. Therefore, the petitioner is required to be considered from the Scheduled Tribe category. In various orders, we have already considered this issue and extend the benefit of production of validity certificate as per government notification. The said view is also taken by the Principal Seat as well as Kolhapur Bench. In view of that the prayer of the present petitioner deserves to be allowed. 5. Hence we proceed to pass the following order:- (i) Writ Petition is allowed. (ii) Respondent No.4/Committee is hereby directed to expedite the caste claim of the present petitioner and shall decide within four months. (iii) Respondent Nos.1 and 2 shall consider the candidature of the present petitioner from the Scheduled Tribe category if otherwise eligible. (iv) The admission of the present petitioner would be subject to the final outcome of the caste claim, otherwise she is eligible for admission. 4 1 wp 7291.26.odt..odt (v) The petitioner shall not seek any equity on this ground. 6. With these directions writ petition is disposed of. [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 11/09/2026 17:31:05