Bombay High Court

PRATIKSHA DATTATRAY TUMKUTE MINOR THR FATHER DATTATRYA AMBAJI TUMKUTEversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the writ petition could not be entertained for interim relief as the appeal was pending before the proper appellate authority, and ordered the Divisional Commissioner to decide the appeal.

Summary

The petitioner, a minor, claimed Scheduled Tribe status for admission to a medical course, but the caste scrutiny committee rejected her claim. She filed an appeal under section 6B of the Maharashtra Caste Certificate (Amendment) Act, 2026, but the Commissioner, the designated appellate authority, was not functioning. The petitioner sought interim relief through a writ petition, arguing that the admission deadline was imminent. The High Court held that because the appeal was pending before the proper appellate authority, the writ petition could not be entertained for interim relief, citing precedent that admission matters do not merit such orders. The Court directed the Divisional Commissioner to decide the pending appeal and disposed of the writ petition without granting any relief.

Issues considered

Whether a writ petition seeking interim relief can be entertained when an appeal under section 6B of the Maharashtra Caste Certificate Act is pending before the designated appellate authority.
Whether the High Court can grant interim orders in matters relating to admission to professional courses.

Legislation cited

Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate (Amendment) Act — s. 6B

Subjects

Scheduled Tribe
Caste Certificate
Section 6B
Admission
Writ Petition
Interim Relief
Appellate Authority
Maharashtra

Judgment

2026:BHC-AUG:43480-DB


                                                 1              83-wp 11679-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO. 11679 OF 2026

                 Pratiksha D/o Dattatray Tumkute (Minor)
                 Through Father Dattatrya Ambaji Tumkute                   .. Petitioner

                        Versus

                 The State Of Maharashtra
                 Through Its Secretary And Others                          .. Respondents

                 Mr. Vivekanand U. Jadhav, Advocate for Petitioner.
                 Mr. P. K. Lakhotiya, AGP for Respondent Nos. 1, 2 & 4.

                                         CORAM : KISHORE C. SANT AND
                                                 JITENDRA JAIN, JJ.
                                          DATE       :   24th SEPTEMBER, 2026.

                 PER COURT :-

                 1.     Heard learned advocate for the petitioner.


                 2.     Learned advocate for the petitioner submits that third round

                 of medical admission has already started. The documents are to be

                 uploaded till 26.09.2026. The document verification is still

                 28.09.2026. It is thereafter the combined registered candidates list

                 is to be published on 29.09.2026. The difficulty of the petitioner is

                 that though she claims to be belonging to Scheduled Tribe, her

                 validity claim is rejected by the committee. She has approached

                 the Commissioner by filing an appeal under section 6B of the
                               2             83-wp 11679-2026.odt


Maharashtra Scheduled Castes, Scheduled Tribes, De-notified

Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes

and Special Backward Category (Regulation of Issuance and

Verification of) Caste Certificate (Amendment) Act, 2026.

However, the Commissioner is not yet functioning as appellate

authority. Therefore, a request is made to entertain this writ

petition.


3.    We find it difficult to entertain the writ petition for the

reason that the appeal is pending before the appellate authority.

Even if the petition is to be considered, it will have to be

considered only considering prima facie case and for grant of

interim relief. The Hon’ble Apex Court in the case of Dilip Vitthal

Bambale & Ors. Vs. Vinitkumar Motiram Totlod & Ors. in Civil

Appeal Nos. 11234-48 of 2017 has already held that, in the

matters of admission no interim relief be passed. Considering this

difficulty this Court also would not be in a position to pass interim

orders. Under this situation, we find best course is to direct the

Divisional Commissioner to decide the appeal submitted on

31.08.2026.


4.    With this, the writ petition stands disposed of.
                                 3              83-wp 11679-2026.odt


5.       It is made clear that, this order is only on the peculiar facts

and shall not be treated as precedent.


6.       The learned A.G.P. to inform the caste scrutiny committee to

produce the record before the respondent No. 4 i.e. appellate

authority on 28.09.2026. On 28.09.2026 the matter be taken up

at 10.30 a.m.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )




P.S.B.

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