Bombay High Court
JAY SARJERAO VITHUBONE THORU. HIS FATERH SARJERAO R VITHUBONEversusTHE STATE OF MAHARASHTRA THROU. SEC. GENERAL ADMINISTRATION DEPT AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court permitted the amendment, transferred the petition to the Aurangabad Bench, and granted interim permission for the petitioner to participate in CAP rounds as a Scheduled Tribe pending the final certificate.
Summary
The petitioner, a minor represented by her father, filed a writ petition seeking a caste validity certificate from the Scheduled Tribe Certificate Verification Committee, which had not been considered since August 2024. The petitioner requested to amend the petition to include the Scrutiny Committee as a respondent and sought interim relief to participate in CAP Round 2 as a Scheduled Tribe without the certificate. The Court allowed the amendment, directing that the petition be transferred to the Aurangabad Bench for further directions against the Scrutiny Committee. It also ordered the CET Cell to permit the petitioner to take part in the CAP rounds pending the committee’s decision, without requiring the tribe validity certificate. The interim order is subject to the final outcome of the Scrutiny Committee’s proceedings, and the petition is to be transferred accordingly.
Issues considered
- Whether the petitioner may amend the writ petition to join the Scheduled Tribe Certificate Verification Committee as a respondent
- Whether the petitioner can be allowed to participate in CAP rounds as a Scheduled Tribe without a tribe validity certificate pending before the Scrutiny Committee
Subjects
- Scheduled Tribe certificate
- Caste validity
- Amendment of writ petition
- Interim relief
- Transfer of case
- CAP rounds
Judgment
911-wp-12110-2026.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
signed by
WRIT PETITION NO.12110 OF 2026
JITENDRA
JITENDRA SHANKAR
SHANKAR NIJASURE
NIJASURE Date:
2026.09.11
12:15:47
+0530 Jay Sarjerao Vithubone (Minor) Through Her ...Petitioner
Father Sarjerao Rajaram Vithubone
Versus
The State of Maharashtra & Ors. ...Respondents
----------
Mr. Ghanshyam K. Chinchole with Mr. Ratan Adhe and Mr. Shubham
Nikam for the Petitioner.
Smt. Priyanka Chavan, AGP for the Respondent – State.
Mr. Nikhil Chavan, for Respondent No.2 – CET Cell.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 10TH SEPTEMBER, 2026.
O R D E R:
1. At the outset the learned Counsel appearing for the
Petitioner has sought leave to amend the Writ Petition by joining the
Scheduled Tribe Certificate Verification Committee, Kinwat - 2,
Chhatrapati Sambhajinagar (“Scrutiny Committee”) having
headquarter at Chhatrapati Sambhajinagar as party Respondent No.
3 and seeking prayer in respect thereof.
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911-wp-12110-2026.doc
2. We allow the Petitioner to amend the Writ Petition as
aforesaid. The amendment shall be carried out in the course of today.
Re-verification is dispensed with.
3. Considering that the Petitioner's claim for Caste Validity
Certificate has been made way back on 12th August 2024 to the
Scrutiny Committee, and which till date has not been considered, we
consider it appropriate that the Petitioner is required to move the
appropriate Bench, which would be the Aurangabad Bench of this
Court, for seeking directions in so far as against the Scrutiny
Committee to decide the Tribe Validity Claim of the Petitioner.
4. Till the Petition is transferred to the Aurangabad Bench
and taken up for consideration, we direct the Respondent No.2 – CET
Cell to allow the Petitioner to take part in the CAP Round 2 and
subsequent CAP Rounds by considering the Petitioner from Scheduled
Tribe Category without asking for the Petitioner to submit Tribe
Validity Certificate in view of the Tribe Validity Claim of the Petitioner
pending before the Scrutiny Committee.
5. This ad-interim order is passed subject to the outcome of
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the proceedings before the Scrutiny Committee and without the
Petitioner claiming any equities in her favour by virtue of this order.
6. The Registry shall transfer this petition to the
Aurangabad Bench of this Court.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA J. ]
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