Bombay High Court

ASHIVANI MAROTI PORAWADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court allowed the writ petition, directing the committee to decide the tribe claim within six months and quashing the show‑cause notice.

Summary

The petitioner, Ashivani, a government employee, filed a writ petition seeking protection while his tribe claim was pending before a committee. During the pendency, his employer issued a show‑cause notice demanding a caste validity certificate within eight days, threatening disciplinary action. The petitioner argued that the pending tribal claim should shield him from such action. The Court held that, to safeguard the petitioner’s rights, the committee must decide the tribe claim within six months and the show‑cause notice should be set aside. Accordingly, the writ petition was allowed, the notice quashed, and no action could be taken against the petitioner for six months or until the claim is decided. The petition was thereafter disposed.

Issues considered

Whether the petitioner is entitled to interim protection pending the decision of his tribe claim.
Whether the show‑cause notice demanding a caste validity certificate can be quashed.
Whether the committee must be directed to decide the tribe claim within a specific time frame.

Subjects

tribe claim
show cause notice
protective jurisdiction
writ petition
administrative law
interim relief

Judgment

                                     (1)                   501-WP-11750-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                    WRIT PETITION NO. 11750 OF 2026

Ashivani D/o. Maroti Porawad                 ...Petitioner
       Versus
The State of Maharashtra and Ors.            ...Respondents
                                   …..
Mr. C. R. Thorat and Mr. O. D. Totawad, Advocates for petitioner.
Mr. P. S. Patil, AGP for Respondent-State.

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

                                   DATE     : 03rd SEPTEMBER 2026.

PC :-

1.      Heard the learned Advocate for the petitioner and learned AGP for

Respondent/State.

2.      By way of present writ petition, the petitioner seeking direction to

direct the respondent/committee to decide his tribe claim within

stipulated time. The tribe claim of the petitioner is pending for

consideration before the Respondent No.2/committee.

3.      In the meantime, the petitioner who is in service has received

show     cause    notice   dated   25/08/2026     issued    by    respondent

No.4/employer asking him to produce caste validity certificate within
                                             (2)                501-WP-11750-2026




eight (8) days. If no such certificate is produced, action will be taken

against him. The petitioner has thus under apprehension has approached

this Court.

4.           Since the claim of the petitioner is pending, this Court finds that it

would be appropriate to protect the petitioner till his claim is decided by

the Respondent/Committee. Hence, following order:

                                     ORDER

(i)          Writ petition stands allowed.

(ii)         The Respondent/Committee is requested to decide the tribe claim

of the petitioner within a period of six months from today without fail.

(iii) The impugned show cause notice dated 25/08/2026 stands

quashed and set aside.

(iv) No action be taken against the petitioner by the respondents for a

period of six months or till the decision of the Respondent/Committee

whichever is earlier.

(v)          With these, writ petition stands disposed off.



     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

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