Bombay High Court
ANUSHKA BALAJI KOTLAWAR SINCE MINOR THR HER GUARDIAN ANMOL BALAJI KOTLAWARversusTHE STATE OF MAHARASHTRA THR SECRETARY GENERAL ADMINISTRATION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the petitioner be granted provisional admission without the Tribe Validity Certificate and that the Government Resolution be extended to Scheduled Tribes.
Summary
The petitioner, a minor represented by her guardian, filed a writ petition seeking urgent relief because the State CET Cell required a Scheduled Tribe Validity Certificate that had not yet been issued by the Scrutiny Committee. The Court had previously ordered the Committee to decide the tribe claim within three months, but the deadline had passed without a decision. The petitioner also argued that a recent Government Resolution granting a six‑month period for submission of caste certificates to reserved‑category candidates should apply to Scheduled Tribes, which it did not. The Court allowed the petitioner's amendment to delete a respondent and a prayer clause, and directed the State to extend the resolution to Scheduled Tribes. It further ordered that the CET Cell grant the petitioner provisional admission to the engineering college without the validity certificate, subject to the final outcome of the tribe claim. The petition was disposed without any order as to costs.
Issues considered
- Whether the petitioner is entitled to provisional admission pending the decision of the Scheduled Tribe Certificate Scrutiny Committee.
- Whether the Government Resolution on a six‑month period for caste certificate submission applies to Scheduled Tribe candidates.
- Whether the amendment to delete a respondent and a prayer clause may be permitted.
- Whether the Scrutiny Committee must decide the tribe claim within the three‑month period ordered by the Court.
Subjects
- Scheduled Tribe
- Caste Certificate
- Provisional Admission
- Government Resolution
- Urgent Relief
- Writ Petition
- Amendment
- Validity Certificate
Judgment
502-WP 11895.2026.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11895 OF 2026
Anushka Balaji Kotlawar, since minor
Through her guardian
Anmol Balaji Kotlawar …Petitioner
Versus
The State of Maharashtra & Ors., …Respondents
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Mr. Sahil Choudhari for the Petitioner.
Ms. Kavita N. Solunke, Addl. GP a/w Ms. Priyanka B. Chavan 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.
KAVITA
SUSHIL
JADHAV 2. Accordingly, leave is granted.
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.09
18:24:26 +0530
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502-WP 11895.2026.doc
3. The Petitioner shall carry out the amendment to the
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, Navi Mumbai.
6. The Tribe Validity claim of the Petitioner has not yet been
decided by the Scheduled Tribes Certificate Scrutiny Committee. By
an order dated 8th May 2026 passed by this Court (Aurangabad
Bench) in Writ Petition No. 5281 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 in any case within a period of three
months from the date of said order. This was upon taking into
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consideration that the Tribe Claim of the Petitioner is pending before
the Scrutiny Committee.
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
1 Writ Petition No. 6545 of 2026 order dated 24th August 2026
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Resolution dated 2nd July 2026 applicable to the aforesaid
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
8th May 2026, has directed the Respondent – Scrutiny Committee to
decide the Tribe Claim of the Petitioner as expeditiously as possible
and in any case within a period of three months from the date of said
order, 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
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admission of the present Petitioner from the Scheduled Tribe
category to the B.E. 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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