Bombay High Court
PRACHI PIRAJI MAMDEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is entitled to provisional admission in the Scheduled Tribe category pending the final determination of his caste validity claim.
Summary
Jitendra Shankar Nijasure filed a writ petition seeking provisional admission to the Bachelor of Planning programme at the College of Engineering Pune under the Scheduled Tribe (ST) category, as his ST validity certificate was still pending before the Scheduled Tribes Certificate Verification Committee. The petitioner argued that the deadline for submitting the certificate had passed and the State CET Cell had not cancelled his admission. The Court noted earlier orders granting the Scrutiny Committee three months to decide the claim and a government resolution providing a six‑month (later three‑month) window for other reserved categories, which had not been extended to ST candidates. Relying on the precedent in Aditi D/o Ramsing Jadhao v. Vice‑Chairman/Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, the Court found no reason to deny the same benefit to ST candidates. Consequently, the Court directed the State CET Cell to grant the petitioner provisional admission without the certificate, subject to the final decision of the Scrutiny Committee. The petition was disposed without any order as to costs.
Issues considered
- Whether a petitioner belonging to the Scheduled Tribe category is entitled to provisional admission pending the final decision on his caste validity certificate.
- Whether the government resolution granting a six‑month (later three‑month) period for submission of caste validity certificates to reserved category candidates should be extended to Scheduled Tribe candidates.
Subjects
- Scheduled Tribe
- Caste Certificate
- Provisional Admission
- Reservation
- Government Resolution
- Higher Education
- Writ Petition
Judgment
903-wp-11984-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
WRIT PETITION NO.11984 OF 2026
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.09.11
12:15:47
+0530 Prachi D/o. Piraji Mamde ...Petitioner
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Mr. Sahil Choudhari, for the Petitioner.
Dr. Dhruti Kapadia, with Ms. Kavita Dhanuka for the CET Cell.
Mr. V.G. Badgujar, AGP for the State.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 10TH SEPTEMBER, 2026.
O R D E R:
1. The learned Counsel for the Petitioner has sought leave
to amend the Petition by deleting Respondent No. 3 - Scheduled Tribe
Certificate Verification Committee, Kinwat-1, Headquarter
Chhatrapati Sambhajinagar, as well as prayer clause ‘(E)’ to the
Petition.
2. Accordingly, leave is granted.
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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 23rd July 2026 passed by this Court (Aurangabad
Bench) in Writ Petition No.6205 of 2026 filed by the present
Petitioner, this Court has granted the Scrutiny Committee a period of
three months to decide the Tribe Validity claim of the Petitioner. This
was upon taking into consideration that the Tribe Certificate was
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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.
9. This Court had accordingly, considered it appropriate, in
these circumstances and in the interest of the students, to direct the
1 Writ Petition No. 6545 of 2026 order dated 24th August 2026
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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
23rd June 2026, granted three 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.
12. Accordingly, we direct the State - CET Cell to consider
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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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