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Bombay High Court

ADVAIT ARVIND JETHEWADversusTHE STATE OF MAHARASHTRA THROU. ITS SEC. TRIBAL DEVELOPMENT DEPT AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the benefit of the circular extending the deadline for caste validity certificates extends to Scheduled Tribe candidates and that provisional admission should be granted pending the Scrutiny Committee’s decision.

Summary

Advait Arvind Jethewad filed a writ petition seeking urgent relief because his Scheduled Tribe (ST) validity certificate had not been issued by the Scheduled Tribe Certificate Scrutiny Committee within the six‑month period ordered by the court. The petitioner requested an extension for submitting the caste validity certificate and provisional admission to an engineering college allotted to him in the CAP rounds. The court noted a government circular dated 4 September 2026 extending the submission deadline for other categories and, following a Kolhapur Circuit Bench decision, held that the same extension should apply to ST candidates despite the circular’s silence on them. It further directed the CET Cell and the college to grant the petitioner provisional admission pending the Scrutiny Committee’s final decision. The petition was disposed without costs, and leave was granted to amend the petition by deleting Respondent No.2.

Issues considered

  • Whether the government circular extending the time for submission of caste validity certificates to Scheduled Castes, Nomadic Tribes, VJNT, OBCs and SBCs applies to Scheduled Tribe candidates.
  • Whether the petitioner is entitled to provisional admission to the allotted engineering college pending the decision of the Scheduled Tribe Certificate Scrutiny Committee.
  • Whether the petition may be amended to delete Respondent No.2.

Subjects

  • Scheduled Tribe
  • Caste Validity Certificate
  • Provisional Admission
  • Reservation
  • Contempt
  • Amendment
  • Writ Petition
  • Urgency

Judgment

                                                                              504-WP 12026.2026.doc


                   Kavita S.J.



                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                         WRIT PETITION NO. 12026 OF 2026

                   Advait Arvind Jethewad                                  …Petitioner
                             Versus
                   The State of Maharashtra
                   Through its Secretary & Ors.,                           …Respondents
                                                         ----------
                   Mr. Prakash Nagargoje a/w Rutuparn Umesh Deo for the Petitioner.
                   Mr. O.A. Chandurkar, Addl. GP a/w Smt. Vaishali S. Numbalkar, AGP
                   for Respondent – State.
                   MR. Nikhil Chavan for Respondent No.3 – CET Cell.
                                                ----------
                                                  CORAM : R.I. CHAGLA AND
                                                          FIRDOSH P. POONIWALLA, JJ.

                                                  DATE       : 8th SEPTEMBER, 2026.

                   ORDER :


                   1.              At the outset, learned Counsel appearing for the

                   Petitioner has sought amendment of the Petition by deleting

                   Respondent No.2.


                   2.                 Accordingly, leave is granted.


KAVITA
SUSHIL             3.                 The Petitioner shall carry out the amendment in the
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.09
                   course of today.
11:14:51 +0530




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                                                         504-WP 12026.2026.doc


4.           Rule. Rule made returnable forthwith. Heard with the

consent of parties.


5.           This Petition has been moved on the ground of urgency,

in view of the Petitioner being unable to upload/submit the Tribe

Validity Certificate. This is on the ground that his Tribe Validity Claim

made on 14 November 2024 has not, till date, been decided by the

Scheduled Tribe Certificate Scrutiny Committee. By an Order dated 3

August 2026, passed in Contempt Petition No. 416 of 2026, this

Court (Aurangabad Bench) observed that by the Order dated 28

January 2026, the Scrutiny Committee was to decide the Tribe Claim

of the Petitioner within a period of six months. The learned AGP had

placed on record a Communication dated 3 August 2026 stating that,

though the Petitioner's Tribe Claim has not been decided within the

stipulated period, the same shall be decided positively within a

further period of two months. The statement was recorded as an

undertaking to this Court, failing which the Scrutiny Committee

would be held liable for an aggravated form of contempt.


6.           Considering that the Petitioner has been unable to

submit the Caste Validity Certificate as required by Respondent No.



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3 - State CET Cell for admitting the Petitioner to the Engineering

Course at Respondent No. 5 – College, which college is allotted to the

Petitioner in the CAP rounds, by the stipulated date viz. 7 September

2026, we consider it appropriate to grant the prayers sought for in

the Petition.


7.              By Circular dated 4 September 2026, the Respondent -

State has decided to extend the time to submit the Caste Validity

Certificate by a period of three months in respect of Scheduled

Castes, Nomadic Tribes, VJNT, Other Backward Classes, and Special

Backward Classes. This Court (Circuit Bench at Kolhapur), in Writ

Petition No. 4410 of 2026 vide Order dated 4 September 2026, has

taken a view that though there is no specific mention of Scheduled

Tribes in the Circular dated 4 September 2026, there is no reason

why the time for submitting the Caste Validity Certificate should not

be extended identically in respect of Scheduled Tribe students. The

non-inclusion, if any, in the Circular dated 4 September 2026 is prima

facie discriminatory.


8.              We are inclined to follow the view taken by this Court

(Circuit Bench at Kolhapur). We are also of the prima facie opinion



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that the benefit under the Government Circular dated 4 September

2026 should also be extended to Scheduled Tribes.


9.            In   view   of    the   Petitioner   having   been      allotted

Respondent No. 5 - College during the CAP rounds, we consider it

appropriate to direct Respondent Nos. 3 to 5 to grant provisional

admission to the Petitioner for the Engineering Course in Respondent

No. 5 – College. This shall be subject to the outcome of the

proceedings    before     the   Scheduled    Tribe   Certificate     Scrutiny

Committee (Head office at Chhatrapati Sambhajinagar).


10.                 The Writ Petition is disposed of in the above terms.

There shall be no order as to costs.




      [FIRDOSH P. POONIWALLA, J.]                     [R.I. CHAGLA, J.]




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