Bombay High Court
BALIRAM KIRAN JAMADARversusTHE STATE OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered that Respondents 2 and 3 not cancel the petitioner’s admission pending transfer to the Aurangabad Bench and restored Respondent 4 as a party.
Summary
Baliram, the petitioner, sought protection of his admission to a B.E./B.Tech programme at a college (Respondent No.3) after the college threatened to cancel his seat for not submitting a Tribe Validity Certificate pending a decision by the Scheduled Tribe Certificate Scrutiny Committee (Respondent No.4). The petitioner argued that recent Government Resolutions extending the time for submission of caste certificates should also apply to Scheduled Tribes. The Bombay High Court noted similar petitions and, following its earlier order in Writ Petition No.11975 of 2026, transferred the matter to its Aurangabad Bench, which has jurisdiction. The Court directed Respondents 2 and 3 not to cancel the admission until the petition is taken up by the Aurangabad Bench and restored Respondent No.4 as a party. The order also directed the registry to effect the transfer.
Issues considered
- Whether the college can cancel the petitioner’s admission for non‑submission of a Tribe Validity Certificate before the Scheduled Tribe Certificate Scrutiny Committee decides the claim.
- Whether the Government Resolutions extending the time for submission of caste validity certificates apply to Scheduled Tribe candidates.
- Whether the Bombay High Court’s Aurangabad Bench has jurisdiction to hear the petition.
Subjects
- admission cancellation
- scheduled tribe certificate
- caste validity certificate
- government resolution
- jurisdiction transfer
- high court writ petition
- higher education
Judgment
901-wp-11977-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11977 OF 2026
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
Baliram S/o. Kiran Jamadar …Petitioner
2026.09.11
12:15:47
+0530
Versus
The State of Maharashtra & Ors. ...Respondents
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Mr. G.K. Chinchole with Mr. Ratan Adhe for the Petitioner.
Smt. Vaishali S. Nimbalkar, AGP for Respondent Nos.1 and 4 – State.
Mr. Nikhil Chavan, for Respondent No.2 – CET Cell.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 10TH SEPTEMBER, 2026.
O R D E R:
1. This Writ Petition has been moved on the ground of
urgency in view of the Petitioner seeking directions to Respondent
Nos. 2 and 3 not to cancel, withdraw, or otherwise adversely
affecting the Petitioner's admission to the B.E./B.Tech Course at
Respondent No. 3 - College on the sole ground of non-submission of
the Tribe Validity Certificate, until the decision of Respondent No. 4
on the Petitioner's Tribe Claim and for a reasonable period thereafter.
2. There are other Petitions which have been filed before
this Court seeking a similar prayer. It is pertinent to note that the
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901-wp-11977-2026.doc
Respondent No. 4, the Scheduled Tribe Certificate Scrutiny
Committee, Chhatrapati Sambhajinagar–2, has its headquarters at
Chhatrapati Sambhajinagar. We are accordingly of the view that the
Writ Petition should be transferred to the Aurangabad Bench, which
would have jurisdiction over the matter. This has also been held in
Writ Petition No.11975 of 2026, vide order dated 8th September
2026.
3. In the said order, this Court had upon so observing,
protected the Petitioner's admission till the Petition is transferred to
the Aurangabad Bench of this Court and the matter taken up for
consideration. We accordingly find it appropriate to pass a similar
order.
4. We accordingly direct Respondent Nos. 2 and 3 not to
cancel the Petitioner's admission/allotment to the B.E./B.Tech Course
at Respondent No. 3 - College on the ground of non-submission of
the Tribe Validity Certificate. This direction is issued for protecting
the Petitioner’s admission in the Respondent No.3 – College till the
Aurangabad Bench of this Court to whom this Petition is directed to
be transferred takes up the matter for consideration. Further, this
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direction has been is issued in view of the Government Resolution
dated 2nd July 2026, as well as the subsequent Government
Resolution dated 4th September 2026, extending the time period for
submission of the Caste Validity Certificate, which by the earlier
Government Resolution extended by a period of six months and
thereafter by subsequent Government Resolution reduced to a period
of three months for all categories other than Scheduled Tribes. We
find that no reasons have been given as to why the benefit of the said
Government Resolutions has not been extended to Scheduled Tribes.
5. The Registry shall accordingly transfer this Petition to the
Aurangabad Bench of this Court.
6. In view of this order, though this Court had on prior date
when the Writ Petition had come up directed deletion of Respondent
No.4 and prayer in respect thereof, which deletion has been carried
out, we consider it appropriate that Respondent No.4 be restored as
party Respondent along with the said prayer. The Petitioner shall
carry out the requisite amendment in the Petition forthwith. Re-
verification is dispensed with.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
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