Bombay High Court

SHIVHAR ANKUSHRAO MANDEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The notice demanding the caste validity certificate and threatening adverse action was quashed, and the petitioner was protected from any adverse action for four months pending the Committee's decision.

Summary

The petitioner, Shivhar Ankushrao Mande, was appointed to a post reserved for Scheduled Tribes on 13 February 2026, subject to submission of a caste validity certificate from a designated Committee (respondent No. 2). The Committee had not yet decided the petitioner's claim, and the petitioner was simultaneously facing a departmental enquiry by respondent No. 3, which issued a notice on 14 July 2026 demanding the certificate and threatening adverse action. The petitioner filed a writ petition challenging the notice. The Court quashed the notice, directing that no adverse action be taken against the petitioner for four months or until the Committee decides the claim, whichever is earlier. The Court also directed the Committee to decide the claim within four months and disposed of the petition.

Issues considered

Whether a notice directing a reserved‑category appointee to produce a caste validity certificate and threatening adverse action is valid while the claim is pending before the appointing Committee.
Whether the petitioner can be subjected to departmental enquiry and adverse action before the Committee decides the validity of his Scheduled Tribe status.

Subjects

reservation
Scheduled Tribe
caste validity certificate
departmental enquiry
writ petition
quashing notice
administrative law

Judgment

2026:BHC-AUG:41051-DB

1 WP / 11290 / 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

906 WRIT PETITION NO. 11290 OF 2026

SHIVHAR ANKUSHRAO MANDE
VERSUS
THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

...
Advocate for petitioner : Mr. G.B. Patunkar h/f. Mr. S.M. Vibhute
AGP for the respondent – State : Mr. S.R. Yadav – Lonikar
Advocate for respondent no. 3 : Mr. Arjun R. Lukhe h/f.
Mr. Avishkar S. Shelke
...

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

DATE : 4 SEPTEMBER 2026

PER COURT :

Heard learned advocate tor the petitioner, learned AGP for

respondent nos. 1 and 2 and Mr. Lukhe h/f. Mr. Shelke for respondent

no. 3.

2. The petitioner was appointed on 13.02.2026 with

respondent no. 3 on the post reserved for a person belonging to

scheduled tribe with a stipulation that petitioner has to submit the

validity certificate from respondent no. 2 – Committee. The claim of the

petitioner is still not decided and the same is pending before this

Hon’ble Court.
2 WP / 11290 / 2026

3. Now respondent no. 3 has issued notice dated 14.07.2026,

directing the petitioner to submit the caste validity certificate. If no such

certificate is submitted, adverse action shall be taken against the

petitioner. The petitioner on one hand, is already before the

Committee, however, claim is still not decided and on the other hand,

he is facing departmental enquiry by respondent no. 3.

4. We, therefore, quash and set aside the notice dated

14.07.2026.

5. We request the Committee to decide the claim of the

petitioner with a period of four (4) months from today. No adverse

action be taken against the petitioner for a period of four (4) months or

till the claim of the petitioner is decided, whichever is earlier.

5. With this, the petition is disposed of.

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

arp/

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