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Bombay High Court

PRASHANT MADHUKAR GHANEKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court quashed the termination order and directed the Committee to decide the petitioner’s tribe claim within six months, barring any termination action during that period.

Summary

The petitioner, a government employee, was served a show-cause notice for alleged failure to submit a caste validity certificate within six months of his appointment, leading to a termination order dated 21 July 2026. He filed a writ petition seeking quash of the order and direction to the Committee to decide his tribe claim within a stipulated period. The Court, on consent, examined whether the termination was lawful given the petitioner’s continued service and the procedural lapse in filing the certificate. It held that the termination order was invalid and quashed it, directing the Committee to decide the tribe claim within six months and prohibiting any termination action during that period. Consequently, the petition was partly allowed and disposed of.

Issues considered

  • Whether the termination order for non‑submission of caste validity certificate within six months is legally valid.
  • Whether the petitioner is entitled to protection from termination pending determination of his tribe claim.
  • Whether the Committee must decide the tribe claim within a specified time frame.

Subjects

  • service termination
  • caste validity certificate
  • tribe claim
  • co-operative societies
  • writ petition
  • quash order
  • employment law

Judgment

2026:BHC-AUG:41545-DB

                                                                                902-WP.11989.2026.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                 902 WRIT PETITION NO. 11989 OF 2026

                                    Prashant Madhukar Ghanekar
                                                VERSUS
                                The State of Maharashtra And Others
                                                   ...
                Mr. G. B. Patunkar h/f. Mr. S. M. Vibhute, Advocate for the Petitioner.
                Mr. S. B. Pulkundwar, AGP for Respondent-State.
                                                   ...

                                                   CORAM : KISHORE C. SANT &
                                                           JITENDRA JAIN, JJ.
                                                   DATE      : 8th SEPTEMBER, 2026

                PER COURT :

                1.       Heard learned Advocate for the petitioner and learned AGP for

                the State.


                2.       By consent, petition is taken up for final disposal.


                3.       The prayer is to quash and set aside the impugned order dated

                21.07.2026 passed by the Divisional Joint Registrar, Co-operative

                Societies, Chhatrapati Sambhajinagar and to direct the Committee-

                respondent no.2 to decide tribe claim of petitioner within stipulated

                period. The petitioner is in service of respondent nos.3 and 4.


                4.       By way of impugned order, the petitioner is issued a show

                cause notice as to why his services shall not be terminated as the

                petitioner has failed to submit caste validity certificate within six

                Sayyed                                                                                  1/2
                                                             902-WP.11989.2026.doc


months from the date of his joining the department. The petitioner

was appointed on 26.02.2024, whereas the application is filed on

13.09.2024. Though the petitioner was expected to submit the

validity certificate within six months, he made an application itself

after period of six months.


5.       Be that as it may, since the petitioner is in service, the

impugned order dated 21.07.2026 is quashed and set aside. The

respondent 2-Committee to decide the tribe claim of the petitioner

within six months from today. For a period of six months from today

or till the claim of the petitioner is decided whichever is earlier, no

action be taken against him for termination of his services on the

ground of non-submission of validity certificate. The petitioner to co-

operate with respondent no.2-Committee and shall not seek any

adjournment.


6.       With this, petition stands partly allowed and disposed off.



 (JITENDRA JAIN, J.)                             (KISHORE C. SANT, J.)




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