SHIVAJI VITTHALRAO HOLKARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

2026:BHC-AUG:45819-DB




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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                         20 WRIT PETITION NO. 11065 OF 2026
                                VITTHAL SHIVAJI HOLKAR
                                        VERSUS
                THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

                         21 WRIT PETITION NO. 11066 OF 2026
                             GOVIND SHANKARRAO JAKKEWAD
                                       VERSUS
                THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

                         22 WRIT PETITION NO. 11067 OF 2026
                               SHIVAJI VITTHALRAO HOLKAR
                                         VERSUS
                THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

                          48 WRIT PETITION NO. 11064 OF 2026
                               SATISH SHANKARRAO JAKKEWAD
                                         VERSUS
                   THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

           Mr. S.M. Vibhute, Advocate for the petitioners.
           Mr. P.S. Patil, Mr. R.S. Wani, Mr. K.N. Lokhande and Mr. P.K. Lakhotiya,
           AGPs for the respondent-State.
           Mr. Om Totwad h/f. Mr. Anant Kanle, Advocate for respondent Nos.6 and
           7 in WP Nos. 11065 & 11067 of 2026.
           J.P. Associates, Advocate for respondent No.9 in WP 11066 of 2026.

                                         CORAM : KISHORE C. SANT &
                                                 JITENDRA JAIN, JJ.
                                         DATE  : 29.09.2026

           PC :-

           1.      Head Mr. Vibhute, the learned Advocate for the petitioners and

           learned AGP for Respondent/State.
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2.       The   prayer   in   this   petitions    is   to   direct   the   Respondent

No.3/Commissioner to register and decide the Appeal proceedings of the

petitioner, wherein the challenge is sought to be raised to the impugned

orders     dated   14/08/2026       passed      by    Respondent    No.2/Committee

invalidating the tribe claim of the petitioners as belonging to Scheduled

Tribe.


3.       It is specifically brought to the notice of this Court that now, in

view of Section 6B i.e. (6)(ख) of the Maharashtra Scheduled Castes,

Scheduled Tribes, De-notified Tribes ( Vimukta Jatis), Nomadic Tribes,

Other Backward Classes and Special Backward Category (Regulation of

Issuance and Verification of) Caste Certificate, Act, 2026 (Mah.XXXVIII of

2026) (hereinafter referred to as “the said Act”), a remedy of appeal is

provided. By way of notification dated 10/08/2026 now the Divisional

Commissioner of the respective area is appointed as an Appellate

Authority under the said Act.


4.       Learned Advocate Mr. Vibhute submits that though by way of

adding sub-Section (5)(a) and (5)(b) to Section 10, protection is granted

to a person who is in service for a period of 90 days i.e. during the

pendency of appeal and a further 30 days from the date of decision of

the Appellate Authority. In case no appeal is preferred till 30 days
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protection is given after lapsing of the limitation period of 90 days. The

concern expressed is that even now the Committee while passing the

order records that the employer should take action after invalidation. He

submits that, in fact, now the Committee has to specifically inserted sub-

Section (5)(a) and (5)(b) of Section 10 of the said Act.


5.    On the contrary, the Committee now puts up notes in the order

directing the authority to register an FIR, in case it comes to the

conclusion that the certificate produced before the Committee is false or

fake certificate. He thus submits that this creates confusion and some

cases, the employer may take action of termination as sub-Section (5)(a)

and (5)(b) of Section 10, are not referred to in the order.


6.    Learned AGP submits that, in fact, the Committee are now directed

to incorporate in the provisions of Section (5)(a) and (5)(b) and 6B in

their orders to give an idea about the appellate remedy available to the

claimants.


7.    However, till now, the orders show only other provisions but not the

provisions of Sections 6B, 10(5)(a) and 10(5)(b) of the said Act. The

Committee/Respondent No. 2 and Respondent Nos. 6 to 8, are therefore

directed to incorporate in the order the provisions of Sections 6B i.e. (6)
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(ख) and 10(5)(a) and 10(5)(b) i.e. 10(5)(क) and 10(5)(ख).


8.       In view of above, the petitiond stand disposed off.


9.       The respondent No.3/Appellate Authority to register Appeals and

decide the same as early as possible. Till such time, in terms of Section

10(5)(a) and 10(5)(b), no adverse action be taken against the

petitioners.


10.      With these, writ petitions stand disposed off.




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


snk/2026/Sep26/wp11065.26