Bombay High Court
ARYAN VIJAYKUMAR PANHALEversusSTATE OF MAHARSHTRA THR ITS SECRETARY TRIBAL DEVELOPMENT AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court quashed the Scrutiny Committee's order and directed issuance of a Caste Validity Certificate to the petitioner.
Summary
The petitioner, Aryan Vijaykumar Panhale, sought to quash an order dated 3 August 2022 of the Scrutiny Committee that denied him a Caste Validity Certificate for the Mannervarlu Scheduled Tribe, arguing that a prior judgment (Writ Petition No.3507 of 2022) had directed issuance of such a certificate to his blood relative. The State opposed the petition on grounds of delay, noting that the order was four years old and the CAP document submission deadline had passed. The Court examined whether the earlier judgment was binding, whether a show‑cause notice alleging fraud sufficed to withhold the certificate, and whether the petition could be entertained despite the delay. Relying on precedents such as Rushank Sitaram Kataskar and Maharashtra Adiwasi Thakur Jamat Swarakhshan Samiti, the Court held that a certificate must be issued to the petitioner as a blood relative of a person already granted one. Consequently, the Court quashed the impugned order, directed the Scrutiny Committee to issue the certificate within a week, and disposed of the writ petition.
Issues considered
- Whether the Scrutiny Committee's order denying the petitioner a Caste Validity Certificate can be set aside despite a four‑year delay.
- Whether a prior judgment directing issuance of a certificate to the petitioner's blood relative is binding on the Committee.
- Whether a show‑cause notice alleging fraud is sufficient to withhold the certificate.
- Whether the petition can be entertained given the expiry of the CAP document submission deadline.
Subjects
- Caste Validity Certificate
- Scheduled Tribe
- Scrutiny Committee
- CAP rounds
- Delay
- Show‑cause notice
- Reservation
- Maharashtra
Judgment
501-wp-11583-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11583 OF 2026
Digitally
signed by
Aryan Vijaykumar Panhale ...Petitioner
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.09.02
12:47:38
Versus
+0530
State of Maharashtra & Ors. ...Respondents
----------
Mr. R.K. Mendadkar with Mr. Siddhant Sawai, Ms. Priyanka Shaw
and Jagdish Kawale for the Petitioner.
Mr. P.P. Kakade, Addl. G.P. with Mr. S.H. Kankal, AGP for the State.
Mr. Nikhil Chavan for Respondent No.3 – CET Cell.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 1ST SEPTEMBER, 2026.
O R D E R:
1. Rule. Rule made returnable forthwith. Heard by consent
of parties.
2. By this Writ Petition, the Petitioner is seeking quashing
and setting aside of the impugned Order dated 3rd August 2022
passed by the Respondent No.2 – Scrutiny Committee with further
directions to Respondent No.2 – Scrutiny Committee to issue
certificate of validity to the Petitioner.
3. Mr. Mendadkar the learned Counsel appearing for the
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Petitioner has referred to the Order passed by this Court viz. Order
dated 20th April 2022 in Writ Petition No.3507 of 2022, by which
this Court had set aside the order dated 7th March, 2022 passed by
the Respondent No.2 Scrutiny Committee invalidating the claim of
the Petitioner’s real sister belonging to ‘Mannervarlu’ Schedule Tribe.
4. Mr. Mendadkar has submitted that the said order of this
Court though referred to in the impugned Order of the Scrutiny
Committee has been not given effect to despite the Petitioner in that
Writ Petition being the real sister of the Petitioner.
5. Mr. Mendadkar has submitted that the Petition has been
moved on the ground of urgency in view of the CAP Round 1 having
already ended on 30th August, 2026, and that in the event the
impugned Order is not set aside, the Petitioner will suffer grave
prejudice in that he will not be able to participate in the subsequent
CAP rounds under the reserved category.
6. The learned AGP appearing for Respondent Nos. 1 and 2
- State has opposed the Petition on the ground of delay, in that the
impugned order was passed on 8th August 2022, and the Petitioner
has moved after a period of four years from the passing of the
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impugned order. He has submitted that the Petitioner should not now
be granted relief, as the Petitioner had made no attempts to challenge
the impugned order, and it is only during the present CAP rounds for
the admission process for MBBS/BDS (Group A) courses that the
Petitioner has sought to impugn the order passed by Respondent No.
2 - Scrutiny Committee.
7. Mr. Nikhil Chavan, the learned Counsel appearing for
Respondent No. 3 has referred to the schedule of CAP Round 1
wherein the candidates who had taken part were to submit their
documents, which would include the Caste Validity Certificates, by
21st August 2026. He has submitted that the period for online
submission of the documents has already expired.
8. Having considered the submissions, though a preliminary
objection has been raised on the ground of delay in filing the Writ
Petition, a statement has been made in paragraph 2 of the Writ
Petition that the Petitioner received the impugned order only on 24th
August 2026. Reference is made to the order passed by this Court on
24th August 2026 in Writ Petition No.11037 of 2026, filed by the
present Petitioner for a direction to Respondent No. 2 - Scrutiny
Committee to forthwith decide the case of the Petitioner for grant of
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a Validity Certificate in accordance with law. It was only at that
hearing that the learned AGP for the Respondent - State stated that
the case of the Petitioner for grant of a Validity Certificate had
already been decided on 3rd August 2022 and communicated on 8th
August 2022.
9. Further, from the documents on record, it appears that
the Petitioner has been following up with Respondent No.2 - Scrutiny
Committee to ascertain whether the Caste Validity Certificate claim of
the Petitioner has been decided by the Scrutiny Committee.
10. It is pertinent to note that the real sister of the Petitioner,
namely Kumari Aditi Vijaykumar Panhale, had filed Writ Petition No.
3507 of 2022, impugning the order dated 7th March 2022 passed by
the Respondent No. 2 - Scrutiny Committee, which had invalidated
her claim as belonging to Mannervarlu (Scheduled Tribe). This Writ
Petition has been allowed by the Division Bench of this Court vide
order dated 20th April 2022, setting aside the order of the Scrutiny
Committee by directing the Scrutiny Committee to issue a Validity
Certificate within a period of four weeks from the date of the said
Order.
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11. The present Petitioner, being the blood relative of the
Petitioner in Writ Petition No.3507 of 2022, had also referred to the
said order dated 20th April 2022 in the proceedings before
Respondent No. 2 - Scrutiny Committee. However, the said Order has
not been followed.
12. In that view of the matter, we are inclined to set aside
the impugned order passed by Respondent No. 2 - Scrutiny
Committee by following our Order in Rushank Sitaram Kataskar,
Minor, Thru. Father and Natural Guardian Sitaram Vitthal Kataskar v.
State of Maharashtra & Anr1, which in turn relied upon the decision
of the Supreme Court in Maharashtra Adiwasi Thakur Jamat
Swarakshan Samiti v. State of Maharashtra & Ors2. It has been held
by the Supreme Court that where Caste Validity Certificate has been
granted to the blood relative of the Petitioner and lawful inquiry has
been conducted before the Scrutiny Committee, the Validity
Certificate will have to be issued to the Petitioner.
13. In the present case, it appears from the impugned order
of the Respondent No.2 – Scrutiny Committee that a show cause
notice has been issued to the Petitioner’s blood relative to whom the
1 Writ Petition No.10712 of 2026 decided on 27th August 2026.
2 (2023) 16 Supreme Court Cases 415.
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validity certificate has been granted alleging fraud. However, this
position has also been considered by this Court in Rushank Sitaram
Kataskar (Supra) which relies upon Shweta Balaji Isankar v. The
State of Maharashtra3, which in turn has been relied upon in Smt.
Shilpa Jay Wagh v. State of Maharashtra & Ors4. This Court has held
that mere issuance of a show-cause notice alleging fraud would not
suffice where a Validity Certificate has been issued by the Scrutiny
Committee to blood relatives on the paternal side.
14. We also note that CAP Rounds have already commenced
and CAP Round 1 has concluded on 30th August 2026. However,
there are subsequent CAP Rounds, and the Petitioner should be in a
position to participate in the subsequent CAP Rounds in respect of
admission to MBBS/BDS (Group A) Health Science Courses.
15. Accordingly, the following order is passed:
(i) The Writ Petition is partly allowed.
(ii) The impugned order dated 3rd August 2022 passed by
Respondent No. 2 - Scrutiny Committee is quashed and set aside.
3 2018 SCC OnLine Bom 10363.
4 Writ Petition No.18841 of 2024 dated 17th February 2026.
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(iii) A Caste Validity Certificate in respect of Mannervarlu
(Scheduled Tribe) shall be issued by Respondent No. 2 - Scrutiny
Committee to the Petitioner within one week from the date of this
Order.
(iv) If any of the validity holders on whom the Petitioner before
this Court have relied upon for claiming validity, suffer
invalidation in the reopened cases, the Respondent No. 2 -
Scrutiny Committee would be at liberty to reopen the Petitioner's
case as well, and the consequences suffered by those candidates
whose claims are invalidated (after reopening of the case), would
befall on this Petitioner as well.
(v) The Writ Petition is disposed of in the above terms. There
shall be no order as to costs.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
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