Bombay High Court
OMKAR S/O SUBHASH SABANWADversusTHE STATE OF MAHARASHTRA THR SEC. GEN ADM. DEPT. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed that the respondents refrain from cancelling the petitioner’s admission until the petition is transferred to the Aurangabad Bench and the Scrutiny Committee decides the tribe validity claim.
Summary
The petitioner, Omkar, sought a direction to allow six months for submitting his Tribe Validity Certificate and to restrain the CET Cell and the college from cancelling his admission to a B.E./B.Tech course on the ground of non‑submission. The petition highlighted that his tribe validity claim was pending before the Scheduled Tribe Certificate Scrutiny Committee and that the deadline for certificate submission had passed. The Court noted that the Government Resolution of 2 July 2026 extended benefits to OBC and SEBC categories but not to Scheduled Tribes, and a subsequent resolution on 4 September 2026 still excluded Scheduled Tribes while reducing the submission period to three months. Considering the pending scrutiny and the need to protect the petitioner’s admission, the Court ordered that the respondents not cancel the admission until the matter is transferred to the Aurangabad Bench and the scrutiny committee decides the claim. The petition was directed to be transferred to the Aurangabad Bench for further consideration.
Issues considered
- Whether the petitioner is entitled to an extension for submitting the Tribe Validity Certificate pending the decision of the Scrutiny Committee
- Whether the respondents can cancel the petitioner’s admission on the ground of non‑submission of the certificate
- Whether the benefits of the Government Resolution dated 2 July 2026 extend to Scheduled Tribe candidates
Subjects
- Tribe Validity Certificate
- Scheduled Tribe
- OBC
- SEBC
- Government Resolution
- Admission cancellation
- Writ petition
- Transfer of case
- Aurangabad Bench
Judgment
912-WP-11975-26.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 11975 OF 2026
Omkar S/o Subhash Sabanwad …Petitioner
Versus
The State of Maharashtra & Ors. …Respondents
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Mr. Sahil Choudhari for the Petitioner.
Ms. Priyanka B. Chavan, 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 present Petition has sought a direction to
Respondent No. 2 - State CET Cell and Respondent No. 3 - University
to grant the Petitioner a period of six months from 7th September
SHARAYU
PANDURANG
KHOT
2026, or such other reasonable period, to submit the Petitioner's
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
Tribe Validity Certificate on the same terms as granted to candidates
2026.09.09
10:56:41
+0530
belonging to OBC and SEBC categories under Government Resolution
dated 2nd July 2026.
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912-WP-11975-26.doc
2. Further consequential relief has been sought for
restraining the Respondents No. 2 and 3 from cancelling,
withdrawing, or otherwise adversely affecting the Petitioner's
admission to the B.E. / B.Tech course at Respondent No. 3 - College
on the ground of non-submission of the Tribe Validity Certificate,
until a decision of Respondent No. 4 - Scrutiny Committee on the
Petitioner's pending Tribe Claim and for a reasonable period
thereafter.
3. Respondent No. 4 - Scheduled Tribe Certificate Scrutiny
Committee, Kinwat-1, having its Headquarters at Chhatrapati
Sambhajinagar is within the jurisdiction of the Aurangabad Bench of
this Court.
4. The Tribe Validity claim of the Petitioner is yet to be
decided by Respondent No. 4 - Scrutiny Committee. It is pertinent to
note that an Application has been made by the Petitioner for deciding
his Tribe Validity claim on 25th June 2026. Accordingly, it would be
necessary for the Aurangabad Bench of this Court to consider the
time frame within which the Tribe Validity claim of the Petitioner is
to be decided.
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912-WP-11975-26.doc
5. Considering that 7th September 2026 was the last date
for submission of the Tribe Validity Certificate by the Petitioner and in
view of the Tribe Validity claim not having been decided by
Respondent No. 4 - Scrutiny Committee, we consider it appropriate
that till the Petition is transferred to the Aurangabad Bench of this
Court and the matter is taken up for consideration, the Petitioner
requires to be protected by directing the Respondents No. 2 and 3 not
to cancel the Petitioner's admission allotment to the B.E. / Btech
course at Respondent No. 3 - College on the ground of non-
submission of the Tribe Validity Certificate. This direction is issued
upon following the view taken by this Court on 3rd September 2026
viz. there being no reasons as to why the benefit of Government
Resolution dated 2nd July 2026 is not extended to the other
categories, including the Scheduled Tribe to which the Petitioner
claims to belong.
6. Further, it is pertinent to note that by a subsequent
Government Resolution dated 4th September 2026, the benefit of
Government Resolution dated 2nd July 2026 has been extended to
the other categories. However, the Scheduled Tribe has not been
included. It is necessary to note that the time period for submission
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912-WP-11975-26.doc
of the Caste Validity Certificate has been reduced to a period of three
months from six months.
7. The Registry shall transfer this Petition to the
Aurangabad Bench of this Court.
[FIRDOSH P. POONIWALLA, J.] [R.I. CHAGLA J.]
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