PRADNYA BHAURAO DHADEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

2026:BHC-AUG:38796-DB

                                                  1                WP / 10914 / 2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               906 WRIT PETITION NO. 10914 OF 2026

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

                                                     ...
                             Advocate for petitioner : Mr. Mohanish V. Thorat
                             AGP for the respondent – State : Mr. R.S. Wani
                          Advocate for respondent no. 3 – Mr. Sachin V. Kuptekar
                                                     ...

                            CORAM              : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.

                            DATE               : 25 AUGUST 2026

              PER COURT :

                            Heard learned Advocate for the petitioner.


              2.            The petitioner has approached this Court, challenging the

              discrimination in Government Resolution dated 02.07.2026, thereby

              extending the time to submit the caste validity certificate by six months

              only to the candidates belonging to the SEBC and OBC category. The

              petitioner happens to be a person belonging to the Scheduled Tribe

              category. The grievance is that the Government decision grants time

              only to the SEBC and OBC candidates but does not give any extension

              to the persons from the Scheduled Tribe and Scheduled Caste

              category.
                                  2               WP / 10914 / 2026


3.             In case of SEBC and OBC, the persons can be admitted to

professional course without producing the caste validity certificate. Six

months time is given after the admission to submit the caste validity

certificate.


4.             Learned Advocate for the petitioner vehemently argued

that the petitioner belongs to Scheduled Tribe category. Considering

the difficulties faced by the persons of Scheduled Caste / Scheduled

Tribe category which are more than the persons from SCBC and OBC

category. They need to collect more data and documents while SCBC

and OBC candidates comparatively find it easier to get the documents.

Even the place of residence of the Scheduled Tribe persons is remote

from the towns and cities and that is the biggest hurdle. So far as the

record is concerned, they find it difficult to collect the record also.

Considering these aspects, he submits that time should be extended

for persons belonging to Scheduled Castes and Scheduled Tribes.


5.             He relies upon various judgments in support of his

submissions in case of Ram Kumar Gijroya V. Delhi Subordinate

Services Selection Board and Another reported in 2016 AIR

Supreme Court 1098. He submits that the Hon’ble Apex Court, in said

case, considered the object of giving benefit of reservation to the OBC

category by considering the judgment in the case of Indra Sawhney V.

Union of India reported in 1992 (Supp) 3 SCC 217 and another
                                   3                WP / 10914 / 2026


judgment in the case of Valsamma Paul V. Cochin University and

another reported in (1996) 3 SCC 545.


6.           Learned AGP submits that for some period, there was

confusion as regards the SEBC and OBC category, as to under which

category, the student has to apply. It is only in that view, extension of

time was given to SEBC and OBC category. In case of SC and ST

category, there is no such confusion as to under which category they

would fall. He relies upon the Government decision dated 10.12.2019

which expects a student to apply for caste validity certificate well in

advance i.e. applications be filed prior to 30 September of the earlier

year, so that he would get the certificate in time. It is submitted that it

was for the petitioner to apply well in advance. He, therefore, prays for

dismissal of the petition.


7.           In the present case, the petitioner has approached the

Committee in May 2025 when he was studying in 11 th standard. The

petitioner had already prayed for direction to the Committee to decide

the claim of the petitioner expeditiously.


8.           This Court is conscious of the fact that this Court has

directed the Committee in at least 1000 matters, to decide the caste /

tribe claim of the petitioner/s within a stipulated period. However, the

petitioner has approached this Court only in August 2026 and now
                                  4                  WP / 10914 / 2026


seeks extension of time to submit the validity certificate. The petitioner

could have made such prayer well in advance. This Court already in

Writ Petition No. 9388 of 2026, has negated the challenge by order

dated 04.08.2022. This Court finds that no different view needs to be

taken. This Court has considered the submissions and the judgments

referred above. This Court has also seen the Government Resolution

dated 02.07.2026. This Court does not find any discrimination in the

matter of extension of time.


9.           The petition can be disposed by directing the Committee to

decide the tribe claim of the petitioner within three (3) months from

today.


10.          The petition thus stands disposed of.


11.          The Committee is expected to decide the caste / tribe

claim of the petitioner within a period of three (3) months from today.




       [ JITENDRA JAIN ]                     [ KISHORE C. SANT]
            JUDGE                                  JUDGE

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