Bombay High Court

AYESHA MOHD AJAZ TADVI MINOR THR FATHER MAOHD EJAZ MD VIQARUDDIN TADVIversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court directed the Committee to decide the petitioner’s Scheduled Tribe claim within two months and disposed of the writ petition without granting interim relief.

Summary

A minor petitioner, Ayesha Mohd Ajaz Tadvi, filed a writ petition seeking a direction to the Committee (Respondent No.2) to determine the validity of her claim that she belongs to a Scheduled Tribe, which is essential for her admission to an MBBS course. The petitioner argued that her sister's claim had been validated, providing prima facie proof for her own claim and sought interim relief to secure admission. The State contended that the petition was filed on 11/08/2026 and that it was not feasible to decide the claim within three months, also relying on a Supreme Court precedent that High Courts should not grant interim orders in student admission matters. The Court, after hearing both sides, directed the Committee to decide the tribe claim within two months from the date of the order. No interim relief was granted, and the writ petition was disposed of.

Issues considered

Whether the petitioner is entitled to interim relief to secure admission to the MBBS course pending determination of her Scheduled Tribe status.
Whether the Committee can decide the petitioner’s Scheduled Tribe claim within the stipulated time frame.

Subjects

Scheduled Tribe
MBBS admission
interim relief
writ petition
High Court

Judgment

                                    (1)                907-WP-11164-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                 907 WRIT PETITION NO. 11164 OF 2026

 Ayesha Mohd Ajaz Tadvi Minor Thr Father Maohd Ejaz Md Viqaruddin
                                  Tadvi
                                 VERSUS
          The State Of Maharashtra Thr Its Secretary And Others
                                    ...
Mr. G. R. Syed, Advocate for the Petitioner.
Mr. P. K. Lakhotiya, AGP for Respondent-State.
Mr. Sachin Kuptekar, Advocate for Respondent No.3.

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

                                 DATE     : 29th AUGUST 2026.

PC :-


1.      Heard Mr. Syed, the learned Advocate for the petitioner, Mr.

Lakhotiya, the learned AGP for respondent/State and Mr. Kuptekar,

learned Advocate for Respondent No.3.


2.      The petitioner has approached this Court praying for direction to

Respondent No.2/Committee to decide the validity proposal of the

petitioner as belonging to scheduled tribe category.
                                    (2)                   907-WP-11164-2026




3.    Mr. Syed, the learned Advocate for the petitioner, submits that the

admission process for MBBS course is going on. In his case, his real

sister’s claim is validated holding that she belongs to scheduled tribe

category. The learned Advocate also prays for interim relief so that

petitioner can get admission to the MBBS course. The learned Advocate

vehemently submits that when there is validity in the family, there is

prima facie proof in favour of petitioner for grant of interim relief.


4.    Mr. Lakhotiya, the learned AGP submits that, in fact, the

petitioner’s proposal is received only on 11/08/2026. It is not possible to

decide the claim of the petitioner within three months in any case,

looking to the pendency of the cases before the Respondent/Committee.

So far as interim relief is concerned, he relies upon the judgment

delivered by the Hon’ble Apex Court in the case of Dilip Vitthal Bambale

and Ors. Vs. Vinitkumar Motiram Totlad and Ors. in Civil Appeal

No.11234-48/2017. The Hon’ble Apex Court in the said case has clearly

observed that the High Courts should not pass interim orders granting

protection in the cases of admission of students. He thus submits that no

case is made out to grant interim relief.
                                          (3)                 907-WP-11164-2026




5.           Considering all above, we deem it appropriate to direct

Respondent No.2/Committee to decide the tribe claim of the petitioner

as early as possible and preferably within a period of two months from

today.


6.           With these, writ petition stands disposed off.




     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

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