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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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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