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Bombay High Court

PRADNYA BHAURAO DHADEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The review applications are dismissed as no ground for review exists under the applicable principles.

Summary

The petitioners, Pradnya Bhaurao Dhade and Ayesha Mohd. Ajaz Tadvi, sought a six‑month extension for submitting caste/tribe validity certificates, relying on a Social Welfare Department circular dated 02‑07‑2026 which they argued should apply to Scheduled Castes (SC) and Scheduled Tribes (ST) as well. The High Court rejected their writ petitions, holding that the circular applied only to SEBC and OBC categories. After an unsuccessful appeal to the Supreme Court, the petitioners filed review applications, contending that later orders from the Principal Seat (extending the benefit to ST) and a new circular dated 04‑09‑2026 (extending to SC) constituted new and important matter justifying review. The Court examined the scope of review jurisdiction, citing Karnail Singh (2024 INSC 424) and the principles that review is limited to error apparent on the face of the record, discovery of new evidence, or any other sufficient reason. It concluded that the later orders do not amount to discovery of new evidence and there is no error or other sufficient reason, thus dismissing the review applications. The Court clarified that petitioners may still point out the coordinate bench orders to the concerned authorities.

Issues considered

  • The applicability of the Social Welfare Department circular to SC and ST categories for extension of time.
  • Whether the later orders of coordinate benches and a subsequent circular constitute grounds for a review under the limited scope of review jurisdiction.
  • Whether there is any error apparent on the face of the record in the original orders.
  • Whether the distinction between Social Welfare and Tribal Welfare Departments creates any discrimination warranting review.

Subjects

  • review jurisdiction
  • civil procedure
  • caste certificate extension
  • Scheduled Castes
  • Scheduled Tribes
  • government circular
  • coordinate bench orders
  • discrimination
  • Supreme Court appeal

Judgment

2026:BHC-AUG:41830-DB

                                                                         NOB - RA NO. 193 OF 2026+


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         BENCH AT AURANGABAD

                                REVIEW APPLICATION (CIVIL) NO. 193 OF 2026
                                                   IN
                                     WRIT PETITION NO. 10914 OF 2026

                                      PRADNYA BHAURAO DHADE
                                               VERSUS
                                     THE STATE OF MAHARASHTRA
                                  THROUGH ITS SECRETARY AND OTHERS
                                                  …

                                                  AND
                           REVIEW APPLICATION (CIVIL) (STAMP) NO. 29316 OF 2026
                                                    IN
                                    WRIT PETITION NO. 11164 OF 2026

                                             AYESHA MOHD. AJAZ TADVI
                                                       VERSUS
                                          THE STATE OF MAHARASHTRA
                                    THROUGH ITS SECRETARY AND OTHERS
                                                           …
                       •    Mr. Mohanish V. Thorat (through V.C.), Advocate a/w.
                            Mr. Vishal V. Ghansawdh for the Applicant in RANo. 193 of
                            2026
                       •    Mr. G. R. Syed, Advocate for the Applicant in RA(ST.) No.
                            29316 of 2026
                       •    Mr. P. S. Patil, Addl. GP for the Respondent – State
                       •    Mr. Sachin V. Kuptekar, Advocate for Respondent – CET CELL
                                                           …
                                                        CORAM : KISHORE C. SANT &
                                                                   JITENDRA JAIN, JJ.
                                                   DATE     : 10th SEPTEMBER, 2026
                PER COURT :

                1.             Not on board. Upon mentioning, taken on board.

                2.             Heard learned counsel for the Applicants and learned AGP

                for the State.



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                                                     NOB - RA NO. 193 OF 2026+


3.        These applications are filed seeking review of the orders

passed by this Court dated 25.08.2026 and 29.08.2026, respectively.

4.        The challenge in the petitions was to the extent of not

granting the benefit of extension of six months from the date of

admission for submission of the caste/tribe validity certificate. The

Social Welfare Department had issued a decision dated 02.07.2026

extending the time limit. The argument advanced was that the said

Circular was made applicable only to persons belonging to the SEBC

and OBC categories, whereas no such benefit was extended to

students belonging to the Scheduled Castes and Scheduled Tribes.

This Court, after considering all the submissions, had specifically

rejected the petitions.

5.        The petitioners thereafter approached the Hon’ble Apex

Court by filing Civil Appeal No. 31474 of 2026. It appears that the

Hon’ble Apex Court was not inclined to interfere with the impugned

order. Thereupon, the petitioner sought leave to withdraw the SLP

with liberty to file a review application by pointing out the orders

passed by the co-ordinate Benches, i.e. the order dated 03.09.2026

passed by the Principal Seat at Mumbai in Writ Petition No. 11526 of

2026 and the order dated 04.09.2026 passed in Writ Petition No.

4410 of 2026 by the Circuit Bench at Kolhapur.




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6.        The Principal Seat had granted the benefit of extension to

the students in that petition belonging to the Scheduled Tribe

category. The Court directed the State to take a decision on making

the said Circular dated 02.07.2026 applicable to the other categories,

i.e. Scheduled Tribes, Scheduled Castes, Vimukta Jatis and Nomadic

Tribes.

7.        It is now pointed out that, thereafter, a fresh Circular dated

04.09.2026 has been issued, wherein the benefit has been extended

even to persons belonging to the Scheduled Castes. However, persons

belonging to the Scheduled Tribes have still not been granted such

benefit. The Circuit Bench of this Court at Kolhapur, therefore, passed

an order observing, prima facie, that the benefit under the

Government Circular dated 04.09.2026 be extended to the Scheduled

Tribes as well.

8.        Both the above orders were passed after this Court had

passed the orders dated 25.08.2026 and 29.08.2026. It is sought to

be argued that both these orders were subsequently found by the

petitioners.

9.        Learned Advocate Mr. Thorat relied upon the judgment in

the case of Karnail Singh Vs. State of Haryana and Others; 2024 INSC

424. The principles laid down therein are as under:-




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          “III. CONSIDERATION         ON     THE   SCOPE      OF      REVIEW
          JURISDICTION
          12. At the outset, we must reiterate that the scope of review by
          this Court is very limited. The scope of review jurisdiction has
          been delineated by this Court in a catena of judgments. We
          would not like to burden the present judgment by reproducing
          all those judgments. This Court in the case of Kamlesh Verma v.
          Mayawati and others (supra), after surveying the earlier law laid
          down by this Court has summarized the principles thus:
             "Summary of the principles
             20. Thus, in view of the above, the following grounds of
             review are maintainable as stipulated by the statute:
             20.1. When the review will be maintainable:
             (i) Discovery of new and important matter or evidence which,
             after the exercise of due diligence, was not within knowledge
             of the petitioner or could not be produced by him;
             (ii) Mistake or error apparent on the face of the record;
             (iii) Any other sufficient reason.”

10.       Learned Advocate Mr. Thorat for the Applicant thus submits

that, though there is no mistake or error apparent on the face of the

record, the present case is covered by clause (i), i.e. ‘discovery of new

and important matter or evidence which, after the exercise of due

diligence, was not within the knowledge of the petitioner or could

not be produced by him’. He further submits that clause (iii), i.e. “any

other sufficient reason”, is also applicable to the present case.

11.       On merits, he further relied upon the judgment in the case

of Abhishek Sharma Vs. State of Jammu and Kashmir; 2026 SCC

OnLine SC 342 and submits that there has to be an intelligible

differentia while making a classification. He thus submits that an
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                                                         NOB - RA NO. 193 OF 2026+


order similar to the orders passed by the co-ordinate Benches be

passed in the present review application as well.

12.      Learned Advocate Mr. Syed also adopts the arguments

advanced by Mr. Thorat. In his case also, an SLP bearing No. 32034

of 2026 was preferred. Though the order has not yet been uploaded,

he makes a statement that today the Hon’ble Supreme Court has

granted liberty to file a review application before this Court.

13.      We have considered all these submissions. This Court, while

dismissing the petition in the case of Pradnya Bhaurao Dhade, had

specifically observed that the petitioner had approached this Court

very late seeking a direction to decide her claim at the earliest. In the

case represented by Mr. Syed, the claim was filed on 11.08.2026,

making it virtually and practically impossible for any authority to

decide the claim before the cut-off date fixed for admission. This

conduct was also taken into consideration by this Court.

14.      Learned AGP vehemently opposes the review applications.

At the outset, he submits that no case is made out to entertain the

review applications. He submits that it was pointed out to this Court

that the Hon’ble Supreme Court, in the case of Dilip Vitthal Bambale

& Ors. Vs. Vinitkumar Motiram Totlod & Ors. in Civil Appeal Nos.

11234-11248 of 2017, has observed that no interim relief be granted

in the matter of students.

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15.       He further submits that the Circulars which are being relied

upon were issued by the Social Welfare Department. It is the Social

Welfare Department which deals with persons belonging other than

Scheduled Tribes, whereas it is the Tribal Welfare Department which

deals with the cases pertaining to Scheduled Tribes. Since both

Departments are different and operate in different fields, there is no

discrimination as such. The Social Welfare Department can issue a

Circular only in respect of persons belonging to to the Scheduled

Castes and OBC categories and not in respect of persons belonging to

the Scheduled Tribes. He, therefore, prays for rejection of the review

applications.

16.       We have considered the submissions. This Court, while

passing the orders which are sought to be reviewed, had considered

every aspect of the matter. There is no error apparent on the face of

the record.

17.       Secondly, the Applicants are now relying upon the orders

passed by the co-ordinate Benches, which were passed after this

Court had passed the orders in the writ petitions. Thus, it cannot be

said to be a case falling under the ground of discovery of new and

important matter or evidence. Similarly, the case would also not fall

within clause (iii), i.e. “any other sufficient reason”.




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                                                         NOB - RA NO. 193 OF 2026+


18.       We are not impressed by any of the arguments advanced on

behalf of the Applicants. No case is made out for review of the orders.

The Review Applications, therefore, stand dismissed.

19.       It is clarified that it is open for the petitioners to point out

the orders passed by the co-ordinate Benches to the concerned

authorities.

20.       With the aforesaid clarification, the Review Applications

stand disposed of.

21.       Parties to act on an authenticated copy of this order.




 [JITENDRA JAIN, J.]                            [KISHORE C. SANT, J.]




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