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Bombay High Court

SHRIRAM DEVIDAS FULSUREversusTHE STATE OF MAHARASHTRA THRU SECRETARY AND ORS

Decided
Disposal
Disposed Off

Holding

The Court ordered that the petitioner be granted provisional admission as an ST candidate pending the final certificate and directed the State to extend the government resolution to Scheduled Tribes.

Summary

The petitioner, Shriram Devidas Fulsure, sought urgent relief to obtain provisional admission to a B.E./B.Tech program as a Scheduled Tribe (ST) candidate, despite the pending decision of the Scheduled Tribes Certificate Scrutiny Committee on his caste validity. The State CET Cell required submission of a valid ST certificate by a deadline that had passed, but the Scrutiny Committee had been granted a six‑month period to decide the claim. The Court noted earlier orders granting six months to the Committee and a government resolution extending a three‑month submission period to other reserved categories, but not to STs. Relying on a Nagpur Bench decision in Aditi D/o Ramsing Jadhao, the Court found no reason to exclude STs from the benefit. Consequently, the Court directed the State to apply the government resolution to STs and ordered the CET Cell to grant the petitioner provisional admission pending the final certificate. The petition was disposed without costs.

Issues considered

  • Whether the petitioner is entitled to provisional admission in the ST category pending the final decision of the Scheduled Tribes Certificate Scrutiny Committee.
  • Whether the government resolution granting a three‑month period for submission of caste validity certificates should be extended to Scheduled Tribes.
  • Whether the six‑month period granted to the Scrutiny Committee can justify dispensing with the certificate requirement for provisional admission.

Subjects

  • Scheduled Tribe
  • Caste Certificate
  • Provisional Admission
  • Government Resolution
  • Writ Petition
  • Urgency
  • Amendment
  • Reservation

Judgment

                                                                             919-WP-11986-26.doc


             Sharayu Khot.

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 11986 OF 2026


                    Shriram Devidas Fulsure                          …Petitioner

                             Versus

                    The State of Maharashtra & Ors.                  …Respondents

                                                     ----------
                    Mr. Sahil Choudhari for the Petitioner.
                    Smt. Vaishali S. Nimbalkar, AGP for the Respondent-State.
                    Mr. Nikhil Chavan for the Respondent No. 2-CET Cell.
                                                     ----------

                                              CORAM : R.I. CHAGLA J
                                                      FIRDOSH P. POONIWALLA, J

                                              DATE       :    8 September 2026

                    ORDER :


                    1.            The learned Counsel for the Petitioner has sought leave

                    to amend the Petition by deleting Respondent No. 4 – The Scheduled

SHARAYU
                    Tribe Certificate Scrutiny Committee, Kinwat, Headquarter at
PANDURANG
KHOT




Digitally
                    Chhatrapati Sambhajinagar, as well as prayer clause ‘E’ to the
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.09.09
18:19:08
+0530               Petition.



                    2.            Accordingly, leave is granted.

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                                                          919-WP-11986-26.doc


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. 3 – MIT Academy of

Engineering, Pune.



6.           The Tribe Validity claim of the Petitioner has not yet been

decided by the Scheduled Tribes Certificate Scrutiny Committee. By

an order dated 29th July 2026 passed by this Court (Aurangabad

Bench) in Writ Petition No. 8464 of 2026 filed by the present

Petitioner, this Court has granted the Scrutiny Committee a period of

six months to decide the Tribe Validity claim of the Petitioner.




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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

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

1    Writ Petition No. 6545 of 2026 order dated 24th August 2026

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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

29th July 2026, granted six 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 the

admission of the present Petitioner from the Scheduled Tribe

category to the B.E. / B.Tech course in the Respondent No. 3 -

College and grant provisional admission without insisting upon

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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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