Bombay High Court

ISHWARI D/O SAINATH LAKHMOD THROU. HER FATHER SAINATH S/O POSHATTI LAKHMODversusTHE STATE OF MAHARASHTRA THROU. SEC. GENERAL ADMINISTRATION DEPT AND ANR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The Court directed the CET Cell to consider the petitioner as a Scheduled Tribe candidate in CAP Round 2 of NEET‑UG‑2026 without requiring the Tribe Validity Certificate, subject to a favorable final decision on her tribe‑validity claim.

Summary

The petitioner, Ishwari, sought an urgent direction for the Maharashtra State CET Cell to allow her to participate in CAP Round 2 of NEET‑UG‑2026 as a Scheduled Tribe candidate without producing a Tribe Validity Certificate, as her tribe‑validity claim was pending before the Tribe Verification Committee. The Court noted a prior order in Writ Petition No. 11962/2026 that had granted similar relief when the claim was pending, and recalled its own direction in Writ Petition No. 3460/2026 to expedite the claim. Since the claim remained undecided and the State’s recent government resolutions did not extend the relaxed certificate deadline to Scheduled Tribes, the Court found no basis to deny interim relief. Accordingly, the Court directed the CET Cell to admit the petitioner as ST in CAP Round 2 and subsequent rounds without the certificate, conditional on a favorable final decision on her tribe‑validity claim. The petition was disposed without costs.

Issues considered

Whether the CET Cell must admit the petitioner as a Scheduled Tribe candidate in CAP Round 2 of NEET‑UG‑2026 without the Tribe Validity Certificate pending verification.
Whether the pendency of the Tribe Validity Claim justifies granting interim relief.
Whether the State Government resolutions extending the certificate submission period apply to Scheduled Tribe candidates.

Subjects

NEET‑UG
Scheduled Tribe
Tribe Validity Certificate
CAP Round
Reservation
Writ Petition
Urgency
Scrutiny Committee

Judgment

                                                                               sr.910-wp-12158-2026.doc



                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
MANSI
DHANANJAY
SHELKE
                                            WRIT PETITION NO. 12158 OF 2026
Digitally signed by
MANSI DHANANJAY
SHELKE
Date: 2026.09.11
                      Ishwari D/o Sainath Lakhmod                       .. Petitioner
18:13:00 +0530



                              Versus

                      The State of Maharashtra & Anr.                   .. Respondents

                           Adv. Ghanshyam K. Chinchole a/w Adv. Ratan L. Adhe & Adv.
                           Shubham R. Nikam for the Petitioner.

                           Adv. Nikhil Chavan for Respondent No.2- CET Cell.

                           Mr. S. H. Kankad, AGP for State.

                                                 CORAM:       R.I CHAGLA &
                                                              FIRDOSH P. POONIWALLA, JJ.
                                                 DATE:        SEPTEMBER 11, 2026

                      P. C.

                      1.             Rule. Rule made returnable forthwith. Heard by consent of

                      parties.



                      2.             This Writ Petition has been moved on ground of urgency, in view

                      of the Petitioner seeking a direction to Respondent No.2 to allow the

                      Petitioner to participate in CAP Round 2 and onwards of NEET-UG-2026

                      without asking for submission of the Tribe Validity Certificate, as the Tribe

                      claim of the Petitioner is pending before the Tribe Verification Committee.
                                                      Page 1 of 4
                                                  SEPTEMBER 11, 2026
                      Mansi shelke
                                                        sr.910-wp-12158-2026.doc




3.             The learned counsel appearing for the Petitioner has placed

reliance upon the Order of this Court dated 8 th September, 2026 passed in

Writ Petition No. 11962 of 2026, wherein, in a similar case as the present,

this Court had considered that the Petitioner had filed his Tribe Validity

Claim way back on 7th May, 2025 and the same had not been considered. This

Court had accordingly directed the Scrutiny Committee to decide the claim of

the Petitioner within a period of 3 months from the date of the Order, upon

considering that by Government Resolutions dated 2 nd July, 2026 and 4th

September, 2026, the Respondent-State had extended the period for

submission of the Caste Validity Certificate, which previously was 6 months,

and now was reduced to 3 months. This Court had accordingly considered it

appropriate to direct Respondent No.2 State CET Cell to allow the Petitioner

to be considered from Schedule Tribe category in CAP Round 2 of NEET-UG-

2026, without insisting upon submission of Tribe Validity Certificate, in view

of the Tribe Validity Claim of the Petitioner pending before the Scrutiny

Committee.



4.             We are inclined to adopt a similar view as taken by this Court in

the said Order dated 8 th September, 2026. Here also, the Tribe Validity Claim

has been pending since 13th January, 2025 with the Tribe Verification

                                 Page 2 of 4
                             SEPTEMBER 11, 2026
Mansi shelke
                                                        sr.910-wp-12158-2026.doc



Committee. By an Order dated 2 nd April, 2026 passed by this Court in Writ

Petition No. 3460 of 2026, this Court had directed the Scrutiny Committee to

decide the Tribe Claim of the Petitioner as expeditiously as possible and

preferably by the end of July, 2026.



5.             The learned counsel appearing for the Petitioner states that the

Tribe Validity Claim of the Petitioner is till date not decided and, in fact, the

Scrutiny Committee has now sought for a Vigilance Cell Report. The

Statement is accepted.



6.             In view of the above statement and considering that the Tribe

Validity Claim of the Petitioner till date has not been decided by the Scrutiny

Committee, as well as noting that the Respondent- State, though having

issued Government Resolutions dated 2 nd July, 2026 and 4th September,

2026, has therein not extended to the Scheduled Tribes the benefit given to

other reserved categories of submission of Caste Validity Certificate within

extended period as provided in the said Government Resolutions.



7.             Accordingly, we direct the Respondent No. 2- State CET Cell to

consider the Petitioner from the Scheduled Tribe category in CAP Round 2 of

NEET-UG-2026 and onwards without insisting upon the Tribe Validity

                                Page 3 of 4
                            SEPTEMBER 11, 2026
Mansi shelke
                                                         sr.910-wp-12158-2026.doc



Certificate, as Tribe Validity Claim of the Petitioner is pending before the

Scrutiny Committee.


8.             This shall be subject to the Petitioner’s Tribe Validity Claim

being decided in his favour by the Scrutiny Committee.


9.             The Writ Petition is disposed of in these terms.


10.            There shall be no order as to costs.




      [FIRDOSH P. POONIWALLA, J.]                          [R. I. CHAGLA, J.]




                                 Page 4 of 4
                             SEPTEMBER 11, 2026
Mansi shelke

Continue reading with your account

Checking your session…