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Bombay High Court

GANGAPRASAD HANMANT PALLEWARversusTHE STATE OF MAHARASHTRA THR THE SECRETARY GENERAL ADMINISTRATION AND ORS

Decided
Disposal
Disposed Off

Holding

The Court directed that the government resolution be made applicable to Scheduled Tribes and ordered provisional admission of the petitioner pending the final tribe validity decision.

Summary

The petitioner, a Scheduled Tribe candidate, sought urgent relief after the State CET Cell failed to cancel his admission to an engineering college despite the expiry of the deadline for submitting a Tribe Validity Certificate. The Court noted earlier orders directing the Scheduled Tribe Certificate Scrutiny Committee to decide the petitioner's claim by the end of September 2026 and a government resolution granting a six‑month period for caste certificate submission to reserved categories. Relying on a Nagpur Bench decision, the Court held that the same six‑month benefit should extend to Scheduled Tribes and directed the State to apply the resolution accordingly. Consequently, the Court ordered the State CET Cell to provisionally admit the petitioner without the Tribe Validity Certificate, subject to the final decision of the Scrutiny Committee. The petition to amend the relief sought was allowed, and the writ petition was disposed without costs.

Issues considered

  • Whether the government resolution on a six‑month period for submission of caste validity certificates should be extended to Scheduled Tribe candidates.
  • Whether the petitioner is entitled to provisional admission pending the final decision of the Scheduled Tribe Certificate Scrutiny Committee.
  • Whether the petition may be amended to delete a respondent and a prayer clause.

Subjects

  • Scheduled Tribe
  • Caste Certificate
  • Provisional Admission
  • Government Resolution
  • Urgent Relief
  • Writ Petition
  • CET Cell

Judgment

                                                                           501-WP 11892.2026.doc


                   Kavita S.J.



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 11892 OF 2026

                   Gangaprasad Hanmant Pallewar                         …Petitioner
                             Versus
                   The State of Maharashtra & Ors.,                     …Respondents
                                                 ----------
                   Mr. Sahil Choudhari for the Petitioner.
                   Smt. Vaishali S. Nimbalkar, AGP for Respondent – State.
                   MR. Nikhil Chavan for Respondent No.2 – CET Cell.
                                                  ----------
                                               CORAM : R.I. CHAGLA AND
                                                       FIRDOSH P. POONIWALLA, JJ.

                                               DATE       : 8th SEPTEMBER, 2026.

                   ORDER :


                   1.              The learned Counsel for the Petitioner has sought leave

                   to amend the Petition by deleting Respondent No. 4 – The Scheduled

                   Tribe Certificate Scrutiny Committee, Kinwat, Headquarter at

                   Chhatrapati Sambhajinagar, as well as prayer clause ‘E’ to the

                   Petition.


                   2.              Accordingly, leave is granted.
KAVITA
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.09
18:24:26 +0530
                   3.              The Petitioner shall carry out the amendment to the


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                                                         501-WP 11892.2026.doc


Petition in the course of today. Re-verification is dispensed with.


4.           Rule. Rule made returnable forthwith. Heard by consent

of the parties.


5.           This Petition has been filed on the grounds of urgency in

view of the Petitioner, as per the schedule of Respondent No. 2 - State

CET Cell, requiring to submit the Scheduled Tribe Validity Certificate

on or before 7th September 2026. Although this date has expired, the

Respondent No. 2 - State CET Cell has till date not cancelled the

allotment to the Petitioner in Respondent No. 3 - College of

Engineering Pune.


6.           The Tribe Validity claim of the Petitioner has not yet been

decided by the Scheduled Tribes Certificate Scrutiny Committee. By

an order dated 12th March 2026 passed by this Court (Aurangabad

Bench) in Writ Petition No. 2719 of 2026 filed by the present

Petitioner, this Court has directed the Respondent – Scrutiny

Committee to decide the Tribe Claim of the Petitioner as

expeditiously as possible and preferable by the end of September

2026, in accordance with law and on it’s own merits. This was upon

taking into consideration that the Tribe Claim of the Petitioner is

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pending before the Scrutiny Committee since 19th January, 2026.


7.              This Court in Writ Petition No. 11628 of 2026, by an

order dated 3rd September 2026, considered the Government

Resolution dated 2nd July 2026, which had granted a period of six

months from the date of admission to the candidates belonging to

reserved categories, viz. SEBC and OBC, for submitting Caste

Certificates and Caste Validity Certificates.


8.              This Court relying 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, had not found any reason as to why the benefit of

six months should not be granted to other categories such as

Scheduled Tribes, Scheduled Castes, De-notified Tribes (Vimukta

Jatis), and Nomadic Tribes.


9.              This Court had accordingly, considered 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 the aforesaid


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

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categories. Thereafter, the Respondent-State issued a Government

Resolution dated 4th September 2026 granting benefit to the

aforesaid categories other than Scheduled Tribes and revising the

time period from six months to three months for submission of the

Caste Validity Certificate to the Institutions.


10.          Considering that the Petitioner claims to belong to the

Scheduled Tribe and the aforesaid Government Resolutions have not

been made applicable to Scheduled Tribes, we direct the Respondent-

State to take a decision on making these Government Resolutions

applicable to Scheduled Tribes as well.


11.          The Aurangabad Bench of this Court, vide order dated

12th March 2026, has directed the Respondent – Scrutiny Committee

to decide the Tribe Claim of the Petitioner as expeditiously as possible

and preferable by the end of September 2026, in accordance with

law and on it’s own merits, in view of which the Petitioner has not

been able to submit the Tribe Validity Certificate as per the requisites

of the Respondent No. 2 - State CET Cell.


12.          Accordingly, we direct the State CET Cell to consider the

admission of the present Petitioner from the Scheduled Tribe

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category to the B.E./B.Tech. Course in the Respondent No. 3 - College

and grant provisional admission without insisting upon submission of

the Tribe Validity Certificate. This provisional admission shall be

subject to the final outcome of the Tribe Validity claim of the

Petitioner before the Scrutiny Committee.


13.            The Writ Petition is disposed of in these terms. No order

as to costs.




      [FIRDOSH P. POONIWALLA, J.]                   [R.I. CHAGLA, J.]




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