Bombay High Court
VARAD SANJAYKUMAR KANTEWARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The six‑month deadline for submitting validity certificates applies to Scheduled Tribe candidates, and the petitioner is entitled to provisional admission pending the final determination of his tribe claim.
Summary
The petitioner, a Scheduled Tribe candidate, sought urgent relief after the State CET Cell failed to cancel his admission despite the expiry of the deadline for submitting a Scheduled Tribe Validity Certificate. The Court noted earlier orders granting a six‑month period to the Scrutiny Committee to decide the petitioner’s tribe claim and a government resolution extending a six‑month deadline to reserved categories, but the latter did not initially include Scheduled Tribes. Relying on a Nagpur Bench decision that the six‑month benefit should apply to all reserved categories, the Court directed the State to extend the resolution to Scheduled Tribes. Consequently, the Court ordered the State CET Cell to provisionally admit the petitioner to the Bachelor of Planning course without the certificate, subject to the final outcome of the tribe‑validity claim. The petition was disposed without costs.
Issues considered
- Whether the six‑month period for submission of caste/tribe validity certificates under the Government Resolution of 2 July 2026 applies to Scheduled Tribe candidates.
- Whether the petitioner is entitled to provisional admission pending the final decision of the Scheduled Tribe Certificate Verification Committee.
Subjects
- Scheduled Tribe
- Caste Certificate
- Validity Certificate
- Provisional Admission
- Government Resolution
- Reservation
- CET
- Reservation Categories
Judgment
908-WP-11963-26.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11963 OF 2026
Varad s/o Sanjaykumar Kantewar …Petitioner
Versus
The State of Maharashtra & Ors. …Respondents
----------
Mr. Chandrakant R. Thorat a/w Mr. O.D. Totawad, Mr. Yashraj Joshi
and Mr. Satyam Kumar for the Petitioner.
Mr. B.V. Samant, Add.G.P. a/w Mr. V.M. Mali, AGP for the Respondent-
State.
Mr. Nikhil Chavan, for the Respondent No. 2-CET Cell.
----------
CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J
DATE : 8 September 2026
ORDER :
1. The learned Counsel for the Petitioner has sought leave
to amend the Petition by deleting Respondent No. 3 - Scheduled Tribe
SHARAYU
PANDURANG
KHOT
Certificate Verification Committee, Kinwat-1, Headquarter
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
Chhatrapati Sambhajinagar, as well as prayer clause ‘C’ to the
2026.09.09
10:56:41
+0530
Petition.
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908-WP-11963-26.doc
2. Accordingly, leave is granted.
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. 4 - College of
Engineering Pune.
6. The Tribe Validity claim of the Petitioner has not yet been
decided by the Scheduled Tribes Certificate Verification Committee.
By an order dated 28th July 2026 passed by this Court (Aurangabad
Bench) in Writ Petition No. 8342 of 2026 filed by the present
Petitioner, this Court has granted the Scrutiny Committee a period of
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908-WP-11963-26.doc
six months to decide the Tribe Validity claim of the Petitioner. This
was upon taking into consideration that the Tribe Certificate was
obtained by the Petitioner on 21st July 2025, and it took him at least
ten months to lodge the claim with the 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.
1 Writ Petition No. 6545 of 2026 order dated 24th August 2026
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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
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
28th July 2026, granted six months to the Scrutiny Committee to
decide the Tribe claim of the Petitioner, 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.
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12. Accordingly, we direct the State CET Cell to consider the
admission of the present Petitioner from the Scheduled Tribe
category to the Bachelor of Planning course in the Respondent No. 4 -
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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