KALAYAN RAVINDRA BHAMARE AND ANRversusTHE STATE OF MAHARASTRA THR ITS SECRETARY TRIBAL DEVELOPMENT AND ANR

                                                                            915-WP-11626-26.doc


             Sharayu Khot.

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 11626 OF 2026


                    Kalyani Ravindra Bhamare                        …Petitioner

                             Versus

                    State of Maharashtra & Ors.                     …Respondents

                                                    ----------
                    Mr. R.K. Mendadkar a/w Mr. Siddhant Sawai, Ms. Priyanka Shaw and
                    Mr. Jagdish Kawale for the Petitioner.
                    Smt. Savina R. Crasto, AGP for the Respondent-State.
                    Mr. Nikhil Chavan, for the Respondent No. 3-CET Cell.
                                                    ----------

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

                                             DATE       :    3 September 2026

                    ORDER :


                    1.            Mr. Mendadkar, the learned Counsel for the Petitioner,

                    has sought leave to amend the Writ Petition by correcting Respondent

SHARAYU
PANDURANG
                    No. 2, which is shown as “Scheduled Tribe Certificate Scrutiny
KHOT




                    Committee, Konkan Division, Thane” with the correct name as
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.09.05
12:51:04
                    “Scheduled Tribe Certificate Scrutiny Committee, Nashik-2”. The
+0530




                    amendment is allowed, which shall be carried out forthwith. Re-



                                                      1/7
                                                          915-WP-11626-26.doc


verification is dispensed with.



2.          Having heard Mr. Mendadkar, we find that the Petitioner

No. 2 has been wrongly joined in the present Petition and as the

Petitioner No. 2 is yet to participate in the CAP round process, we

accordingly, permit Mr. Mendadkar to delete Petitioner No. 2 as party

Petitioner in the cause title and grant him liberty to file a fresh

appropriate Petition with regard to Petitioner No. 2. This amendment

shall also be carried out forthwith. Re-verification is dispensed with.



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

in view of the Petitioner requiring to submit Caste Validity Certificate

on or before 7th September 2026 having been allotted admission by

the Respondent No. 3 to the Sinhgad College of Engineering,

Vadgaon (BK), Pune. Failure to submit the Caste Validity Certificate

may result in the Respondent No.3 cancelling the Petitioner's

allotment to the Sinhgad College of Engineering, Vadgaon (BK),

Pune. The grievance being that inspite of Applications having been

made for Caste Validity Certificate on 22nd June 2026 and 29th June

2026, the Respondent No. 2 - Scrutiny Committee has till date not

decided on the Petitioner’s Tribe Validity claim.

                                  2/7
                                                                   915-WP-11626-26.doc


4.              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.



5.              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

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 /

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

                                          3/7
                                                        915-WP-11626-26.doc


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.



6.          Mr. Mendadkar has sought for a similar order to be

passed in the present Petition.



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

and 2, has submitted that as per instructions of the State General

Administration Department, the purpose of issuing Government

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

                                  4/7
                                                              915-WP-11626-26.doc


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.



8.           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

results in several Petitions being filed before this Court.



9.           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

                                   5/7
                                                          915-WP-11626-26.doc


be cancelled on that ground.



10.                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”.



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

the Respondent No.2 – The Scheduled Tribe Certificate Scrutiny

Committee, Nashik-2 to decide the caste claim of the Petitioner

within a period of four months from today.



12.         The Respondent No.3 - State CET Cell shall consider the

admission of the present Petitioner from the Scheduled Tribe

category to the B.E. course at Sinhgad College of Engineering,

Vadgaon (BK), Pune and grant provisional admission without

insisting upon submission of the Tribe Validity Certificate.



13.         The admission to be granted by the Sinhgad College of

                                  6/7
                                                      915-WP-11626-26.doc


Engineering, Vadgaon (BK), Pune shall be subject to the final

outcome of the Tribe Validity claim of the Petitioner decided by the

Respondent No.2 - Scrutiny Committee.



14.          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.]




                                 7/7