Bombay High Court

DNYANESHWARI D/O DIGAMBER GHATRAOversusTHE STATE OF MAHARASHTRA THRU. SEC. GENERAL ADMINISTRATION DEPT AND ANR

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The Court permitted the amendment to include the Scrutiny Committee and granted interim relief allowing the petitioner to participate as an ST candidate pending verification.

Summary

The petitioner, Dnyaneshwari, filed a writ petition seeking recognition of her Scheduled Tribe (ST) status and permission to participate in CAP Round 2 as an ST candidate, despite her caste validity certificate pending verification before the Scheduled Tribe Certificate Verification Committee (Scrutiny Committee). The petitioner requested to amend the petition to include the Scrutiny Committee as a respondent. The High Court allowed the amendment, directing that the petition be transferred to the Aurangabad Bench for further consideration of the ST validity claim. Pending the Scrutiny Committee’s decision, the Court ordered the CET Cell to permit the petitioner to take part in CAP Round 2 and subsequent rounds as an ST candidate without requiring the pending certificate. The interim order is subject to the final outcome of the Scrutiny Committee’s proceedings, and the petitioner is barred from claiming any equities based on this order. The Registry was instructed to effect the transfer to the Aurangabad Bench.

Issues considered

Whether the petitioner can be allowed to participate in CAP rounds as a Scheduled Tribe candidate without a finalized caste validity certificate.
Whether the amendment to join the Scheduled Tribe Certificate Verification Committee as a respondent is permissible.
Whether interim relief can be granted pending the outcome of the Scrutiny Committee’s verification.

Subjects

Scheduled Tribe certificate
Caste validity
Interim relief
Amendment of writ petition
CAP rounds
High Court
Scrutiny Committee

Judgment

                                                                         914-WP 12113.2026.doc


                   Kavita S.J.


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                     WRIT PETITION NO. 12113 OF 2026

                   Dnyaneshwari d/o Digambar Ghatrao                 …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 a/w V.M. Mali, AGP 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.

KAVITA
                   3 and seeking prayer in respect thereof.
SUSHIL
JADHAV
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.09.11
17:19:33 +0530




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                                                         914-WP 12113.2026.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 16th May, 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

the proceedings before the Scrutiny Committee and without the

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                                                            914-WP 12113.2026.doc


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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