Bombay High Court

BHAKTI D/O BHAGWAT ADATRAOversusTHE STATE OF MAHARASHTRA THR. SECRETARY GENERAL ADMINISTRATION DEPARTMENT AND ANR

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The Court allowed the amendment, granted interim relief permitting participation as a Scheduled Tribe candidate, and ordered transfer of the petition to the Aurangabad Bench.

Summary

The petitioner, Bhakti Bhagwat Adatrao, filed a writ petition seeking a Caste Validity Certificate to be recognized as a Scheduled Tribe. The petitioner applied to the Scrutiny Committee on 16 February 2026, but the committee had not yet ruled. The petitioner sought to amend the petition to include the Scrutiny Committee as a respondent and to obtain interim relief to participate in CAP Round 2 as a Scheduled Tribe candidate without the pending certificate. The Court allowed the amendment and directed that the petition be transferred to the Aurangabad Bench for further hearing. Pending the Scrutiny Committee’s decision, the Court ordered the CET Cell to permit the petitioner’s participation in CAP Round 2 and subsequent rounds as a Scheduled Tribe candidate, without requiring the certificate. The interim order is subject to the final outcome of the Scrutiny Committee’s proceedings.

Issues considered

Whether the writ petition may be amended to add the Scrutiny Committee as a respondent
Whether the petitioner is entitled to interim relief to participate in CAP rounds without a pending Tribe Validity Certificate
Whether the petition should be transferred to the Aurangabad Bench for jurisdictional reasons

Subjects

writ petition
amendment
caste validity certificate
Scheduled Tribe
interim relief
jurisdiction
transfer of case

Judgment

                                                                         913-WP 12112.2026.doc


                   Kavita S.J.


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 12112 OF 2026

                   Bhakti Bhagwat Adatrao                            …Petitioner
                          Versus
                   The State of Maharashtra & Ors.,                  …Respondents
                                                 ----------
                   Mr. Ghanshyam K. Chinchole a/w Mr. Ratan L. Adhe & Mr. Shubham
                   R. Nikam for the Petitioner.
                   Ms. Kavita N. Solunke, Addl. GP for Respondent – State.
                   MR. Nikhil Chavan for Respondent No.2 – CET Cell.
                                                 ----------
                                             CORAM : R.I. CHAGLA AND
                                                     FIRDOSH P. POONIWALLA, JJ.

                                             DATE      : 10th SEPTEMBER, 2026.

                   ORDER :


                   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.
KAVITA
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
                   2.            We allow the Petitioner to amend the Writ Petition as
Date: 2026.09.11
17:19:33 +0530




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                                                         913-WP 12112.2026.doc


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 16th February, 2026 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

the proceedings before the Scrutiny Committee and without the

Petitioner claiming any equities in her favour by virtue of this order.

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                                                          913-WP 12112.2026.doc


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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