Bombay High Court

SANIKA DHANANJAY SURVASEversusTHE STATE OF MAHARASHTRA THORU. SEC. GENERAL ADMINISTRATION DEPT AND ORS

Decided: 10 September 2026
Disposal: Disposed Off

Holding

The Court held that, pending the Scrutiny Committee's decision, the petitioner is entitled to interim protection from cancellation of admission and the petition should be transferred to the Aurangabad Bench.

Summary

The petitioner, Sanika Dhananjay Survase, filed a writ petition seeking a six‑month extension to submit a Tribe Validity Certificate for OBC/SEBC categories and interim protection against cancellation of her admission to a B.E./B.Tech course pending a decision on her Scheduled Tribe claim. The petition also requested that the State CET Cell and the university be restrained from withdrawing her admission until the Scheduled Tribe Certificate Scrutiny Committee decides the claim. The Court noted that the Scrutiny Committee had not yet ruled on the petitioner's claim and that the deadline for certificate submission was imminent. Relying on a prior judgment dated 3 September 2026, the Court held there was no reason to deny the benefits of the Government Resolution dated 2 July 2026 to Scheduled Tribe candidates. Consequently, the Court directed the respondents not to cancel the admission and ordered the petition to be transferred to the Aurangabad Bench for further consideration. The order also highlighted a subsequent Government Resolution extending benefits to other categories but not to Scheduled Tribes, and reduced the certificate submission period to three months.

Issues considered

Whether the petitioner is entitled to interim protection from cancellation of admission pending the decision of the Scheduled Tribe Certificate Scrutiny Committee.
Whether the benefits of Government Resolution dated 2 July 2026 extend to Scheduled Tribe candidates.
Whether the petition should be transferred to the Aurangabad Bench for adjudication.

Subjects

Tribe Validity Certificate
OBC
SEBC
Scheduled Tribe
Admission
Government Resolution
Interim Relief
High Court
Civil Appellate Jurisdiction
Transfer of Petition

Judgment

501-WP-12153-26.doc

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 12153 OF 2026

Sanika Dhananjay Survase …Petitioner

Versus

The State of Maharashtra & Ors. …Respondents

----------
Mr. Sahil Choudhari for the Petitioner.
Mr. P.P. Kakade, Addl.GP a/w Smt. Vaishali S. Nimbalkar, AGP for
the Respondent-State.
Mr. Nikhil Chavan for the Respondent No. 2-CET Cell.
----------

CORAM : R.I. CHAGLA J
FIRDOSH P. POONIWALLA, J

DATE : 10 September 2026

ORDER :

1. The present Petition has sought a direction to

Respondent No. 2 - State CET Cell and Respondent No. 3 - University

to grant the Petitioner a period of six months from 14th September
SHARAYU
PANDURANG
KHOT

2026, or such other reasonable period, to submit the Petitioner's
Digitally
signed by
SHARAYU
PANDURANG
KHOT
Date:
2026.09.10
Tribe Validity Certificate on the same terms as granted to candidates
18:32:31
+0530

belonging to OBC and SEBC categories under Government Resolution

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501-WP-12153-26.doc

dated 2nd July 2026.

2. Further consequential relief has been sought for

restraining the Respondents No. 2 and 3 from cancelling,

withdrawing, or otherwise adversely affecting the Petitioner's

admission to the B.E. / B.Tech course at Respondent No. 3 - College

on the ground of non-submission of the Tribe Validity Certificate,

until a decision of Respondent No. 4 - Scrutiny Committee on the

Petitioner's pending Tribe Claim and for a reasonable period

thereafter.

3. Respondent No. 4 - Scheduled Tribe Certificate Scrutiny

Committee, Chhatrapati Sambhajinagar is within the jurisdiction of

the Aurangabad Bench of this Court.

4. The Tribe Validity claim of the Petitioner is yet to be

decided by Respondent No. 4 - Scrutiny Committee. It is pertinent to

note that an Application has been made by the Petitioner for deciding

the Tribe Validity claim on 9th February 2026. Accordingly, it would

be necessary for the Aurangabad Bench of this Court to consider the

time frame within which the Tribe Validity claim of the Petitioner is

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501-WP-12153-26.doc

to be decided.

5. Considering that 14th September 2026 is the last date

for submission of the Tribe Validity Certificate by the Petitioner and in

view of the Tribe Validity claim not having been decided by

Respondent No. 4 - Scrutiny Committee, we consider it appropriate

that till the Petition is transferred to the Aurangabad Bench of this

Court and the matter is taken up for consideration, the Petitioner

requires to be protected by directing the Respondents No. 2 and 3 not

to cancel the Petitioner's admission allotment to the B.E. / Btech

course at Respondent No. 3 - College on the ground of non-

submission of the Tribe Validity Certificate. This direction is issued

upon following the view taken by this Court on 3rd September 2026

viz. there being no reasons as to why the benefit of Government

Resolution dated 2nd July 2026 is not extended to the other

categories, including the Scheduled Tribe to which the Petitioner

claims to belong.

6. Further, it is pertinent to note that by a subsequent

Government Resolution dated 4th September 2026, the benefit of

Government Resolution dated 2nd July 2026 has been extended to

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501-WP-12153-26.doc

the other categories. However, the Scheduled Tribe has not been

included. It is necessary to note that the time period for submission

of the Caste Validity Certificate has been reduced to a period of three

months from six months.

7. 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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