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Bombay High Court

SAKSHI SANJAY KUREWADversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

Interim admission cannot be granted, but the Committee must decide the petitioner’s claim within two weeks.

Summary

The petitioner, a candidate for MBBS admission, sought a direction for the State Tribal Status Committee to decide her Scheduled Tribe status claim, pending since December 2024, and also requested interim admission under the ST category as her name appeared in the Common Entrance Test list. The respondents argued the Committee could decide within two weeks and opposed interim admission, citing a Supreme Court precedent that such interim orders should not be granted. The Court, relying on the Bambale case, refused the prayer for interim admission but noted the petitioner approached the Court late. It observed that a two‑week decision would allow the petitioner to participate in the remaining admission rounds scheduled up to 23 October 2026. Consequently, the Court disposed of the petition, directing the Committee to decide the claim within two weeks.

Issues considered

  • Whether interim admission under the Scheduled Tribe category can be granted pending a decision on tribal status.
  • Whether the Committee can be directed to decide the petitioner’s Scheduled Tribe status claim within a specified time frame.

Subjects

  • Scheduled Tribe
  • interim relief
  • admission
  • MBBS
  • tribal status
  • writ petition
  • committee decision
  • procedural delay

Judgment

2026:BHC-AUG:41766-DB

                                                                          7-WP.11836.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 7 WRIT PETITION NO. 11836 OF 2026

                                        Sakshi Sanjay Kurewad
                                               VERSUS
                        The State of Maharashtra Thr Its Secretary And Others
                                                  ...
                Mr. Shrikant Kulkarni And Mr. A. P. Piratwad, Advocates for the
                Petitioner.
                Mr. N. S. Tekale, AGP for Respondent Nos.1 & 2.
                Mr. Rohit S. Sarvadnya, Senior Panel Counsel for Respondent Nos.3 &
                4.                                ...

                                                CORAM : KISHORE C. SANT &
                                                        JITENDRA JAIN, JJ.
                                                DATE     : 8th SEPTEMBER, 2026

                PER COURT :

                1.       Heard Mr. Kulkarni and Mr. Piratwad, learned Advocates for

                the petitioner. Mr. Tekale, learned AGP for respondent nos.1 and 2.

                Mr. Sarvadnya, learned Advocate for respondent nos.3 and 4.


                2.       The claim of the petitioner is pending with respondent no.2-

                Committee in respect of her tribe status. The learned Advocate for the

                petitioner now submits that on 18.08.2026, the State Common

                Entrance Test Cell published the list of students, wherein the name of

                the petitioner is shown at serial no.15374. He further submits that

                the claim of petitioner is pending since December 2024 and till now,

                there is no decision taken by the Committee on the tribe status of the

                petitioner. The petitioner is, therefore, likely to lose a valuable

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                                                           7-WP.11836.2026.doc


admission to the MBBS Course. She thus prays for direction to the

Committee to decide her claim within stipulated period. In the

meantime, she also prays for grant of interim relief by way of

direction to the concerned authorities to consider her claim for

admission to the MBBS Course under the Scheduled Tribe Category.


3.       At the outset, learned AGP submits that the Committee can

decide the claim of petitioner within two weeks. However, insofar as

the prayer for interim admission is concerned, he submits that the

proposal is pending since 14.02.2025. He vehemently opposes the

prayer for grant of interim admission.

4.       The Hon’ble Apex Court in the case of Dilip Vitthal Bambale &

Others vs. Vinitkumar Motiram Totlod & Others1 has held that interim

orders granting admission ought not to be passed in such cases.

Considering above, this Court finds that sofar as interim relief in the

terms of the prayer for admission under the Scheduled Tribe category

is concerned, same cannot be granted.

5.       The petitioner has also annexed the schedule of admission

process. Considering above, this Court finds that the petitioner has

approached this Court at a very late stage. Had the petitioner

approached this Court in the months of June or July, by now her

claim would have been decided by the Committee.
1    Civil Appeal Nos.11234-48 of 2017

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                                                             7-WP.11836.2026.doc


6.       As per the schedule of the admission process, the last rounds of

admission are scheduled upto 23.10.2026, whereas document

verification is on 30th and 31st October 2026. If the claim of the

petitioner is decided within a period of two weeks, there would be no

difficulty for the petitioner to approach the college.


7.       The petition, therefore, stands disposed off with a direction to

the Committee to decide the claim of the petitioner within a period of

two weeks from today.



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




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