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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

                                                      ----------
                    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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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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