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Bombay High Court

OMKAR S/O DEEPAK PADALEversusTHE STATE OF MAHARASHTRA THR SEC. GEN. ADMINISTRATION DEPT. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner’s admission must not be cancelled and the petition should be transferred to the Aurangabad Bench for consideration.

Summary

The petitioner, Omkar, sought a writ directing the State of Maharashtra and the CET Cell not to cancel his admission to a B.E./B.Tech program on the ground that he had not yet submitted a Scheduled Tribe Validity Certificate, pending the decision of the Scheduled Tribe Certificate Scrutiny Committee. The Court noted similar petitions and, following its earlier order in Writ Petition No.11975 of 2026, found that the matter fell within the jurisdiction of the Aurangabad Bench. Accordingly, the Court ordered that the admission be protected until the petition is transferred and the Bench considers the case. The order also highlighted Government Resolutions extending the time for submission of caste validity certificates, questioning why such extensions were not applied to Scheduled Tribes. The Registry was directed to transfer the petition to the Aurangabad Bench, and Respondent No.4 was restored as a party.

Issues considered

  • Whether the college may cancel the petitioner’s admission for non‑submission of the Scheduled Tribe Validity Certificate pending the Committee’s decision.
  • Whether the High Court has jurisdiction and should transfer the petition to the Aurangabad Bench.
  • Whether the extensions granted by Government Resolutions for caste validity certificates should also apply to Scheduled Tribes.

Subjects

  • admission
  • scheduled tribe
  • caste validity certificate
  • jurisdiction transfer
  • high court
  • writ petition
  • government resolution

Judgment

                                                                              904-wp-11985-2026.doc
                      jsn

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                             WRIT PETITION NO.11985 OF 2026
         Digitally
         signed by
         JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
                            Omkar S/o. Deepak Padale                          ...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 Respondent No.2 – CET Cell.
                            Smt. P.B. Chavan, AGP for the Respondent – State.
                                                            ----------

                                                     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./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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                                                  904-wp-11985-2026.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 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



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                                                   904-wp-11985-2026.doc

direction has been 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 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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