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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504-WP 12026.2026.doc
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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504-WP 12026.2026.doc
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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