Bombay High Court

DEVANG PRAKASH GAYAKWAD MINOR THR FATHER PRAKASH S GAYAKWADversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The court cannot order the committee to decide the claim by the petitioner’s specified date due to the missing vigilance report, but may direct the committee to decide as early as possible within a reasonable period.

Summary

The petitioner, a minor represented by his father, filed a writ petition on 31 August 2026 seeking a court order that the scrutiny committee decide his pending claim by 5 September 2026, fearing loss of a medical college admission. The claim had been pending since 19 December 2025, but the required vigilance cell report had not been submitted. The court examined whether it could compel the committee to meet the petitioner’s tight deadline in the absence of the mandatory report. It held that, given the procedural lacuna, it was physically and practically impossible to oblige the committee to decide by the requested date. Consequently, the petition was disposed, but the court directed the committee to decide the claim as early as possible, preferably within three months, and ordered the petitioner to appear before the committee on 9 September 2026.

Issues considered

What is the appropriate judicial response when a petitioner seeks an expedited decision from a scrutiny committee despite the absence of a required vigilance cell report?

Subjects

writ petition
scrutiny committee
medical college admission
minor
procedural delay
urgency

Judgment

2026:BHC-AUG:40128-DB

                                               1                   WP / 11605 / 2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               907 WRIT PETITION NO. 11605 OF 2026

                       DEVANG PRAKASH GAYAKWAD MINOR THROUGH
                              FATHER PRAKASH S GAYAKWAD
                                       VERSUS
               THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS

                                                   ...
                              Advocate for petitioner : Mr. K.T. Shirurkar
                          AGP for the respondent – State : Mr. K.N. Lokhande
                                                   ...

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

                          DATE                 : 2 SEPTEMBER 2026

              PER COURT :

                          The prayer in the petition is to direct the scrutiny

              committee to decide the claim of the petitioner before 05.09.2026. It is

              stated that the last round of the medical college admission is getting

              over on that day and if the petitioner does not receive the validity, he

              will lose his academic career.


              2.          This petition is filed on 31.08.2026 and immediately, the

              petitioner is expecting this Court to direct the Committee to decide the

              claim within the above time.


              3.          Though the claim is pending since 19.12.2025, vigilance

              cell report is not submitted. In such circumstances, it is physically and

              practically impossible to accede to the prayer of the petitioner.
                                  2                  WP / 11605 / 2026




4.            The petition, therefore, stands disposed of.


5.            The Committee to take decision as early as possible and

preferably within three (3) months from today.


6.            The petitioner to appear before the Committee on

09.09.2026.




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

arp/

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