Bombay High Court

RUSHIKESH RAKHMAJI AMBHOREversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The notice is quashed and the Scrutiny Committee must decide the petitioner’s tribe claim within six months without any adjournment.

Summary

The petitioner was appointed as Kotwal in March 2015 to a post reserved for Scheduled Tribe candidates, with a condition to submit a tribe validity certificate within six months. No proposal was sent to the Scrutiny Committee for more than eleven years, and the Collector issued a show‑cause notice in August 2026 for non‑submission. The petitioner claimed the COVID‑19 pandemic caused the delay, but the court found no explanation for the earlier period. The court quashed the notice, ordered the Scrutiny Committee to decide the caste claim within six months without any adjournments, and required the petitioner to cooperate. The writ petition was consequently disposed.

Issues considered

Whether the show‑cause notice issued after an eleven‑year delay for non‑submission of a caste validity certificate is legally valid.
Whether the petitioner is entitled to protection from termination pending the Scrutiny Committee's decision.
Whether the Scrutiny Committee must render a decision within a six‑month period and may not grant adjournments.

Subjects

Reservation
Scheduled Tribe
Caste validity certificate
Appointment
Scrutiny Committee
Show‑cause notice
Writ petition
Administrative law

Judgment

2026:BHC-AUG:41343-DB




                                               (1)                     wp11827.26


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                           6 WRIT PETITION NO. 11827 OF 2026

                            RUSHIKESH RAKHMAJI AMBHORE
                                      VERSUS
            THE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY AND OTHERS

           Mr. J.J. Patil, Advocate for the petitioner.
           Mr. S.R. Yadav Lonikar, AGP for the respondent-State.

                                           CORAM : KISHORE C. SANT &
                                                   JITENDRA JAIN, JJ.
                                           DATE  : 07.09.2026

           PC :-

           01.          Heard learned Advocate for the petitioner. The petitioner has

           received show-cause notice issued by the Tahsildar from the office of

           Collector, Beed dated 25.08.2026, as to why no action be taken against

           the petitioner for non-submission of caste validity certificate. His further

           prayer is for direction to the Scrutiny Committee to decide the claim of

           the petitioner within stipulated period.



           02.          The petitioner came to be appointed on 04.03.2015 as

           “Kotwal” by order of the Tahsildar, Ambajogai. He was appointed on the

           post reserved for a person belonging to Scheduled Tribe category. The

           wording in the appointment order shows that it was necessary to submit

           tribe validity certificate within six months from the date of the
                                   (2)                      wp11827.26


appointment. It is seen that, however, for all these years, no proposal

was sent to the Scrutiny Committee.       On receipt of complaint by one

person, the Collector now has issued notice for the first time.          The

proposal of the petitioner is referred to on 14.05.2026, which is

registered on 13.06.2026 i.e. after more than 11 years of joining of the

service. The petitioner was well aware of the condition imposed in the

appointment order. However, no reason is coming forward as to why his

claim is not referred earlier. Learned Advocate for the petitioner tried to

give an excuse that in the meantime, there was corona pandemic period.

However, corona pandemic period started in early 2020 and continued till

May, 2022.     There is no explanation for the period prior to corona

pandemic and the period thereafter.      Be it as it may.   Since, there is

threat of termination, we pass following order :-



03.          The impugned notice dated 25.08.2026 stands quashed and

set aside.   The Scrutiny Committee to decide the tribe claim of the

petitioner within six months from today. In no case, said period will be

extended. The petitioner to give an undertaking that he shall cooperate

the Scrutiny Committee and shall not seek any single adjournment from

the Scrutiny Committee. This protection is continued only for six months

from today or till the decision is taken by the Scrutiny Committee.
                                          (3)                    wp11827.26




04.                With the above, this Writ Petition stands disposed off. It is

made clear that if it is found that due to fault of the petitioner the

enquiry could not be completed within six months, the petitioner shall

not claim equity. The petitioner to appear before the Scrutiny Committee

on 21.09.2026 without any separate notice.




         [JITENDRA JAIN, J.]                     [KISHORE C. SANT, J.]


snk/2026/Sep26/wp11827.26

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