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Bombay High Court

OMPRASAD SAKHARAM BOYANE THR FATHER AND POAversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Scrutiny Committee must decide the petitioner’s tribe validity claim within three months and the CET Cell must admit the petitioner for CAP Round 2 without the certificate, subject to a favorable decision.

Summary

The petitioner, a Scheduled Tribe candidate, filed a writ petition seeking relief because the Scrutiny Committee had not decided his Tribe Validity Certificate claim filed on 7 May 2025, jeopardising his ability to appear for CAP Round 2 of NEET‑UG 2026. The Court noted a similar petition (Writ Petition No. 11628 of 2026) and a prior order extending a six‑month period for SEBC and OBC candidates to submit caste validity certificates, and observed that Scheduled Tribes were excluded from the later three‑month extension. Relying on the Government Resolution dated 2 July 2026 and its amendment on 4 September 2026, the Court directed the Scrutiny Committee to decide the petitioner’s claim within three months of the order. It further ordered the State CET Cell to admit the petitioner in the CAP Round 2 without requiring the pending certificate, conditional on a favorable decision by the Scrutiny Committee. The petition was disposed without any order as to costs.

Issues considered

  • Whether a Scheduled Tribe candidate may be allowed to sit for NEET‑UG CAP Round 2 without a Tribe Validity Certificate pending the Scrutiny Committee's decision.
  • Whether the Scrutiny Committee must decide a pending tribe validity claim within a specified time frame.
  • Whether the Government Resolution granting a six‑month (later three‑month) period for caste validity certificates applies to Scheduled Tribes.

Subjects

  • NEET‑UG
  • Tribe Validity Certificate
  • Scheduled Tribes
  • Scrutiny Committee
  • Government Resolution
  • CAP Round
  • Urgency
  • Writ Petition

Judgment

                                                                              907-wp-11962-2026.doc
                      jsn

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                              WRIT PETITION NO.11962 OF 2026

JITENDRA                    Sakharam S/o. Raghoba Boyane                      ...Petitioner
SHANKAR
NIJASURE
Digitally signed by
                                  Versus
JITENDRA SHANKAR
NIJASURE
Date: 2026.09.08
19:10:17 +0530
                            The State of Maharashtra & Ors.                   ...Respondents
                                                          ----------
                            Mr. G.K. Chinchole with Mr. Ratan Adhe for the Petitioner.
                            Mr. Asif I. Patel, Addl. G.P. with Mr. V.M. Mali, AGP for the State.
                            Mr. Nikhil Chavan for the Respondent No.2 – CET Cell.
                                                            ----------

                                                     CORAM : R.I. CHAGLA AND
                                                             FIRDOSH P. POONIWALLA, JJ.
                                                     DATE  : 8TH SEPTEMBER, 2026.
                            O R D E R:

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

                            of the parties.


                            2.           The learned Counsel for the Petitioner has sought

                            leave to amend the Writ Petition by deleting respondent No. 3 as

                            party Respondents, as well as prayer Clause (e) in the Petition.




                            3.           Leave is granted. Accordingly amendment shall be

                            carried out in the course of today. Re-verification is dispensed

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                                             907-wp-11962-2026.doc

with.


4.         This Petition has been moved on the ground of

urgency in view of the Petitioner being unable to submit the

Tribe Validity Certificate by the stipulated date for CAP Round 2

of NEET-UG 2026, by virtue of Respondent No. 3 - Scrutiny

Committee not having decided the Tribe Validity Claim of the

Petitioner though the claim was filed on 7th May 2025.


5.         A similar Petition had been filed before this Court,

being Writ Petition No. 11628 of 2026, and an order dated 3rd

September 2026 came to be passed, wherein this Court

considered the Government Resolution dated 2nd July 2026,

whereby the Respondent State has granted a period of six

months to SEBC and OBC for the submission of the Caste

Validity Certificate. This Court has followed the view taken by

this Court (Nagpur Bench) in its order dated 24th August 2026

viz. that there were no reasons given as to why such benefit of a

six-month period should not be granted to other categories, viz.

Scheduled Tribes, Scheduled Castes, Vimukta Jatis, and


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Nomadic Tribes. This Court observed that there were several

cases coming up before this Court wherein the claim made was

that the Scrutiny Committee takes an inordinate period of time

for deciding the caste validity claims, resulting in several

Petitions being filed before this Court.


6.          By the order dated 3rd September 2026, this Court

founded it appropriate that, in the interest of students, the

Respondent State be directed to take a decision on making the

Government Resolution dated 2nd July 2026 applicable to other

categories, including Scheduled Tribes.


7.          In the present case, the Petitioner having filed his

claim way back on 7th May 2025 for the validity of his Tribe

Certificate, and the same not having been considered, we

consider it appropriate to direct Respondent No. 3 - Scrutiny

Committee to decide the claim of the Petitioner within a period

of three months from the date of this order. This is upon

considering that, by a subsequent Government Resolution dated

4th September 2026, the Respondent State has extended the


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                                                 907-wp-11962-2026.doc

benefit of Government Resolution dated 2nd July 2026 by

revising the period from six months to three months to other

categories, by leaving out Scheduled Tribes for the submission of

their Caste Validity Certificate.


8.            The Respondent No. 2 - State CET Cell shall consider

the Petitioner from the Scheduled Tribe category in CAP Round

2 of NEET-UG 2026 without insisting upon the submission of the

Tribe Validity Certificate, as the tribe validity claim of the

Petitioner is pending before the Respondent No.3 - Scrutiny

Committee.


9.            This shall be subject to the Petitioner’s tribe validity

claim being decided in his favor by Respondent No. 3 - Scrutiny

Committee.


10.           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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