Bombay High Court

AKASH RAJARAM KULEWARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The notice demanding the caste validity certificate is quashed and no adverse action shall be taken against the petitioner until the Scrutiny Committee decides the claim within eight weeks.

Summary

Akash Rajaram Kulewar, a government employee, was served a notice by his employer on 13‑08‑2026 demanding submission of a caste validity certificate by 23‑08‑2026, although his caste claim was pending before the Scrutiny Committee since 20‑02‑2026. The petitioner argued that the delay in obtaining the certificate was beyond his control and that adverse action could cause loss of his job. The State’s AGP contended that a vigilance report had been filed and the matter could be decided within eight weeks. The Court directed the Scrutiny Committee to dispose of the petitioner's claim within eight weeks and ordered that no adverse action be taken against the petitioner during that period or until the claim is decided, whichever is earlier. Consequently, the notice dated 13‑08‑2026 was quashed and the writ petition was disposed.

Issues considered

Whether a notice demanding submission of a caste validity certificate can be enforced when the caste claim is pending before the Scrutiny Committee.
Whether the employer can take adverse service action against the employee before the Scrutiny Committee decides the caste claim.

Subjects

caste certificate
reservation
service employment
Scrutiny Committee
writ petition
quashing notice
preventive relief

Judgment

2026:BHC-AUG:37138-DB




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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       929 WRIT PETITION NO. 10435 OF 2026
                              AKASH RAJARAM KULEWAR
                                      VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

           Mr. S.S. Phatale, Advocate for the petitioner.
           Mr. S.R. Yadav – Lonikar, AGP for the respondent-State.
           Mr. A.R.Lukhe h/f. Mr. A.S. Shelke, Advocate for respondent No.3.

                                            CORAM : KISHORE C. SANT &
                                                    JITENDRA JAIN, JJ.
                                            DATE  : 18.08.2026
           PC :-

           01.          Heard. The employer – respondent No.3 has issued notice to

           the petitioner dated 13.08.2026 asking him to submit caste validity

           certificate before 23.08.2026.      The caste claim of the petitioner is,

           however, pending before the Scrutiny Committee since 20.02.2026.

           Learned Advocate for the petitioner vehemently argued that it is not in

           the hands of the petitioner to get the proceeding before the Scrutiny

           Committee disposed off expeditiously. The reason for non-submission of

           validity certificate is beyond his control. If petitioner’s services are not

           protected, there is risk of losing of job.



           02.          Learned AGP submits that vigilance cell report is already

           submitted.    Hearing has also taken place.    Reply is also filed. Due to
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administrative difficulties the claim could not be decided till now.            He,

however, submits that the same can be decided within eight weeks from

today.



03.                Considering the above, the respondent - Scrutiny Committee

is requested to complete the proceeding before it within eight weeks

from today.             No adverse action be taken against the petitioner for a

period of eight weeks from today or till the respondent - Scrutiny

Committee decides claim of the petitioner, whichever is earlier.



04.                In view of the above, the Communication dated 13.08.2026

issued by respondent No.3 in the nature of notice stands quashed and

set aside. It is open for the respondent No.3 to take appropriate action in

case the claim of the petitioner in invalidated.



05.                With the above, this Writ Petition stands disposed off.




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


snk/2026/Aug26/wp10435.26

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