Bombay High Court

KIRAN MAROTI SOMWADversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The amendment to Section 10(5) provides sufficient protection, so the petitions seeking a stay and specific direction are dismissed.

Summary

A group of writ petitions were filed by individuals whose caste certificates had been cancelled by a Scrutiny Committee, seeking a stay of the order and direction to the Divisional Commissioner, appointed as Appellate Authority under Section 6B of the Maharashtra Act No. XXXVIII of 2026, to commence proceedings. The petitioners argued that the order failed to mention the remedy of appeal and the protection under the newly introduced Section 10(5), which safeguards benefits for 90 days during the appeal period and an additional 30 days after the appeal decision. The State contended that the amendment already provides the necessary protection and no specific direction is required. The Court examined the amendment, noting that Section 10(5) expressly limits any withdrawal of benefits to after the expiry of the appeal period or 30 days post‑decision, thereby rendering the petitioners' fear of premature action unfounded. Consequently, the Court disposed of the petitions without granting any interim relief, directing the Divisional Commissioner to decide pending appeals promptly.

Issues considered

What is the effect of the amendment introducing Section 10(5) of the Maharashtra Act on the petitioners' right to protection of benefits pending appeal?
Whether the order of the Scrutiny Committee must specifically state the remedy of appeal and the protection period before the employer can take action?

Legislation cited

Maharashtra Act No. XXXVIII of 2026 — s. 10(1), 10(5), 11(1), 11(2), 6B

Subjects

caste certificate
appeal
interim relief
stay order
Section 10(5)
Section 6B
writ petition
administrative law

Judgment

2026:BHC-AUG:41758-DB

Sr. Nos.905 to 909 & 911, 912 & 914.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
905 WRIT PETITION NO. 11994 OF 2026
Pravin Soudagar Patange
VERSUS
The State of Maharashtra Through Its Secretary And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. B. A. Shinde, AGP for Respondent-State.
…

AND
906 WRIT PETITION NO. 11995 OF 2026

Kiran Maroti Somwad
VERSUS
The State of Maharashtra And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. N. S. Tekale, AGP for Respondent-State.
…

AND
907 WRIT PETITION NO. 11996 OF 2026

Gajanan Soudagar Patange
VERSUS
The State of Maharashtra And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. B. A. Shinde, AGP for Respondent-State.
…

AND
908 WRIT PETITION NO. 11997 OF 2026

Ashok Dnyanoba Boinwad
VERSUS
The State of Maharashtra Through Its Secretary And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. S. B. Pulkundwar, AGP for Respondent-State.
…

Sayyed 1/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc

AND
909 WRIT PETITION NO. 11998 OF 2026

Gajanand Dnyanoba Boinwad
VERSUS
The State of Maharashtra Thr Its Secretary And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. R. S. Wani, AGP for Respondent-State.
...

AND
911 WRIT PETITION NO. 12000 OF 2026

Vinod Shesherao Pallewad
VERSUS
The State of Maharashtra Thr Its Secretary And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. K. N. Lokhande, AGP for Respondent-State.
…

AND
912 WRIT PETITION NO. 12001 OF 2026

Sahebrao Shesherao Pallewad
VERSUS
The State of Maharashtra Thr Its Secretary And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. B. A. Shinde, AGP for Respondent-State.
...

AND
914 WRIT PETITION NO. 12009 OF 2026

Suvarna Soudagar Patange
VERSUS
The State of Maharashtra And Others
...
Mr. Pratap V. Jadhavar, Advocate for Petitioner.
Mr. S. B. Pulkundwar, AGP for Respondent-State.
...

Sayyed 2/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc

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. The petitioners have prayed for direction to the Divisional

Commissioner, Chhatrapati Sambhajinagar-respondent no.3, an

Appellate Authority under Section 6B of the Maharashtra Act No.

XXXVIII of 2026. A further prayer is to stay the impugned order. It is

contended that though the Divisional Commissioner is now appointed

as Appellate Authority, the regular working has not started.

3. The second apprehension on the basis of which interim relief is

prayed is that, the Committee in the footnote after the judgment has

not given any intimation regarding the remedy of appeal before the

Appellate Authority but on the contrary, the note shows that

respondent no.4-employer is directed to take action against the

petitioners under Section 10(1) and Section 11(1) and (2). He thus

submits that on one hand though there is a remedy available, it is not

shown in the order and on the other hand, Section 10(5) is not

pointed out. Sub-section (5) of Section 10 infact, protects the service

benefits of the petitioners for a period of 90 days i.e. during the

Sayyed 3/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc

period of appeal and for a further period of 30 days after the appeal

is decided. In case no appeal is preferred till 30 days protection is

given after lapsing of the limitation period of 90 days. The

petitioners’ apprehension is thus that since this is not specifically

mentioned in the order passed by the Committee, the employer is

likely to take action against the petitioners.

4. Learned AGP submits that now law protects the petitioners like

persons and the situation is taken care of and no such specific order

is necessary.

5. By way of amendment which came into effect on 22.07.2026,

the legislature has provided a remedy of appeal. Sub-section (5) to

Section 10 is introduced which reads as under :-

“(5) After Caste Certificate has been cancelled and confiscated by
the Scrutiny Committee, the concerned Appointing Authority, Local
Authority, Government, Educational Institution, Statutory Body or
Agency shall take action for withdrawal of benefits given to such
person, –
(a) within thirty days from the date of order of the Appellate
Authority if appeal is filed, and it is rejected by the Appellate
Authority ;
(b) within thirty days from the lapse of appeal period
specified in sub-section (1) of section 6B, if appeal is not filed”;
(5) in the marginal note, after the words “false Caste Certificate”,
the words “fake Caste Certificate” shall be inserted.

6. It is thus clear that the action contemplated under the

aforesaid provisions can be taken only after expiry of the period

Sayyed 4/5
Sr. Nos.905 to 909 & 911, 912 & 914.doc

prescribed under Section 10(5), viz., 30 days from the date of

disposal of the appeal, or, where no appeal is preferred, after expiry

of the limitation period of 90 days and the further period of 30 days.

7. With above clarification, petitions stand disposed off.

8. The learned Divisional Commissioner is expected to decide the

appeals as early as possible looking to the object behind the

amendment.

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

Sayyed 5/5

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