SANGMESHWAR SATISH MACHKUREversusTHE STATE OF MAHARSHTRA THR SECRETARY GENERAL ADMINISTRATION AND ORS

                                                                              912-WP-11526-26.doc


             Sharayu Khot.

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 11526 OF 2026


                    Sangmeshwar Satish Machkure                      …Petitioner

                             Versus

                    The State of Maharashtra & Ors.                  …Respondents

                                                    ----------
                    Mr. Sahil Choudhari for the Petitioner.
                    Mr. P.P. Kakade, Addl.GP a/w Ms. Priyanka B. Chavan, AGP for the
                    Respondent-State.
                    Mr. Nikhil Chavan for the Respondent No. 2-CET Cell.
                                                    ----------

                                             CORAM : R.I. CHAGLA J
                                                     FIRDOSH P. POONIWALLA, J

                                             DATE       :     3 September 2026

                    ORDER :


                    1.            The Writ Petition has been moved on ground of urgency,

SHARAYU
PANDURANG
                    in view of the Petitioner requiring to submit Caste Validity Certificate
KHOT




Digitally
                    on or before 7th September 2026 having been allotted admission by
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.09.03
19:10:14
+0530
                    the Respondent No. 2 to the Respondent No. 3 – College. Failure to

                    submit the Caste Validity Certificate may result in the Respondent

                    No.2 cancelling the Petitioner's allotment to the Respondent No. 3 -



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College. The grievance being that inspite of Application having been

made for Caste Validity Certificate on 26th May 2025, the

Respondent No. 4 - Scrutiny Committee has till date not decided on

the Petitioner’s Tribe Validity claim.



2.              The Petitioner by way of amendment of the Petition has

impugned the Government Resolution dated 2nd July 2026 in that it

omits the “Scheduled Tribe” category from the class of candidates

granted six months to submit their Caste Validity Certificate. This is

with a view that students may not face any difficulty in the admission

process and in order to avoid admission loss to them.



3.              Mr. Sahil Choudhari, the learned Counsel appearing for

the Petitioner, has placed reliance upon a decision of this Court

(Nagpur Bench) in Aditi D/o Ramsing Jadhao Vs. The Vice-

Chairman/Member Secretary, Scheduled Tribe Caste Certificate

Scrutiny Committee, Yavatmal & Anr.1. This Court has in a similar

case considered the said Government Resolution dated 2nd July 2026

granting a period of six months from date of admission to the

candidates belonging to reserved categories, viz. SEBC and OBC, for

1    Writ Petition No. 6545 of 2026 order dated 24th August 2026

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submitting Caste Certificates and Caste Validity Certificates. This

Court has not found any reasons as to why such benefit of six months

period should not be granted to other categories such as “Scheduled

Tribes, Scheduled Castes, Vimukta Jatis and Nomadic Tribes”. This

Court has accordingly, directed the Respondent No.1 – State /

Scheduled Tribe Caste Certificate Scrutiny Committee, Yavatmal to

decide the caste claim of the Petitioner within a period of four

months from the date of the said order. Further, it was directed that

admission process of the Petitioner for admission to First Year

M.B.B.S. course should be processed by Respondent No.2 - State CET

Cell and provisional admission should be granted to her. Respondent

No.2 - State CET Cell was also directed to consider the candidature of

the Petitioner from the reserved category, i.e. Scheduled Tribe

category. The Writ Petition had been disposed of accordingly.



4.          Mr. Choudhari has sought for a similar order to be

passed in the present Petition.



5.          The learned AGP appearing for the Respondent Nos. 1

and 4, has submitted that as per instructions of the State General

Administration Department, the purpose of issuing Government

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Resolution dated 2nd July 2026 is that since reservation has been

newly made applicable to Socially and Economically Backward

Classes (SEBC), and time would be required for students holding

Kunbi Caste Certificates issued on the basis of records traced by the

Committee constituted under the Chairmanship of the Honorable

Justice Shri. Sandeep Shinde (retired) to obtain Caste Validity

Certificate, in order for these students not to face any difficulty in the

admission process and/or to avoid academic loss to them, the said

Government Resolution grants by way of a one time opportunity, an

extension of six months to the candidates belonging to SEBC and

OBC for submission of their Caste Certificates.



6.           We have considered the aforesaid purpose for issuing the

Government Resolution dated 2nd July 2026. However, we are of the

same view as that taken by this Court (Nagpur Bench) vide order

dated 24th August 2026 that there are no reasons as to why such

benefit of six months period should not be granted to other

categories, viz. “Scheduled Tribes, Scheduled Castes, Vimukta Jatis

and Nomadic Tribes”. We find from several cases which come up

before this Court that the Scrutiny Committee takes an inordinate

period of time for deciding the Caste Validity claims, and which

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results in several Petitions being filed before this Court.



7.           Accordingly, the students are unable to submit the Caste

Validity Certificate during the prescribed period for admission to their

respective courses, and resulting in their admissions being liable to

be cancelled on that ground.



8.           We   accordingly,    consider   it   appropriate      in    these

circumstances and in the interest of the students to direct the

Respondent-State to take a decision on making the said Government

Resolution dated 2nd July 2026 applicable to other categories,

“Scheduled Tribes, Scheduled Castes, Vimukta Jatis and Nomadic

Tribes”.



9.           In the circumstances of the present case, we direct the

Respondent No.4 – The Scheduled Tribe Certificate Scrutiny

Committee, Kinwat-II to decide the caste claim of the Petitioner

within a period of four months from today.



10.          The Respondent No.2 - State CET Cell shall consider the

admission of the present Petitioner from the Scheduled Tribe

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category to the B.E. course at Respondent No.3 - College and grant

provisional admission without insisting upon submission of Tribe

Validity Certificate.



11.          The admission to be granted by the Respondent No.3 -

College shall be subject to the final outcome of the Tribe Validity

claim of the Petitioner decided by the Respondent No.4 - Scrutiny

Committee.



12.          The Writ Petition is disposed of in these terms. There

shall be no order as to costs.




      [FIRDOSH P. POONIWALLA, J.]               [R.I. CHAGLA J.]




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