Bombay High Court
AARYA RAGHUNATH KOLIversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the petition should be transferred to the Aurangabad Bench and directed that the respondents not cancel the petitioner’s admission pending that transfer.
Summary
The petitioner, Aarya, sought a direction to prevent the cancellation of her admission to a B.E. course on the ground that she had not yet submitted a Tribe Validity Certificate, pending the decision of the Scheduled Tribe Certificate Scrutiny Committee. The Court noted similar petitions and the jurisdiction of its Aurangabad Bench over the Committee. It ordered that the petition be transferred to the Aurangabad Bench and, in the interim, directed Respondents No.2 and No.3 not to cancel the petitioner’s admission until the matter is taken up there. The order referenced Government Resolutions extending the time for submission of caste certificates, noting no justification for excluding Scheduled Tribes. The Registry was instructed to effect the transfer and the petitioner was directed to amend the petition to restore Respondent No.4 as a party.
Issues considered
- Whether the petitioner’s admission can be cancelled for non‑submission of the Tribe Validity Certificate pending the Committee’s decision.
- Whether the writ petition should be transferred to the Aurangabad Bench of the High Court.
- Whether the Court can issue a stay on cancellation of admission pending consideration of the petition.
Subjects
- admission
- scheduled tribe
- tribe validity certificate
- writ petition
- transfer of case
- stay order
- government resolution
Judgment
902-wp-11982-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11982 OF 2026
Digitally
signed by
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
Aarya D/o. Raghunath Koli ...Petitioner
2026.09.11
12:15:47
+0530
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Mr. Sahil Choudhari, for the Petitioner.
Mr. Nikhil Chavan, for the Respondent No.2.
Ms. Kavita N. Solunke, Addl. G.P. with Mr. Badgujar, AGP for the
Respondent.
----------
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 affect
the Petitioner's admission to the B.E. 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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902-wp-11982-2026.doc
Respondent No. 4, the Scheduled Tribe Certificate Scrutiny
Committee, Deopur, Dhule has its headquarters at Dhule which is
amenable to the jurisdiction of the Aurangabad Bench of this Court.
We are accordingly of the view that the Writ Petition should be
transferred to the Aurangabad Bench of this Court. This has also been
done in a similar case viz. 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
direction has been issued in view of the Government Resolution
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902-wp-11982-2026.doc
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 was 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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