Bombay High Court
GANESH GULABRAO PALEPWADversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The notice dated 11‑08‑2026 is quashed and the Scrutiny Committee must decide the petitioner’s tribe claim within four months, with no adverse action to be taken against him during that period.
Summary
The petitioner was appointed to a Scheduled Tribe‑reserved post on 16‑02‑2026 and was required to submit a tribe validity certificate within six months, which he failed to do. Respondent No.4 issued a notice on 11‑08‑2026 asking why no action should be taken against him for the missing certificate. The petitioner filed a writ petition seeking to quash the notice and to compel the Scrutiny Committee, which was hearing his tribe claim filed on 06‑03‑2026, to decide the claim within a reasonable period. The respondent’s AGP indicated that a vigilance report was pending and the Committee would need about four months to decide. The Court quashed the notice, directed the Scrutiny Committee to decide the tribe claim within four months (or earlier if decided), and ordered that no adverse action be taken against the petitioner during that period. The petition was thereafter disposed.
Issues considered
- Whether a notice demanding explanation for non‑submission of a tribe validity certificate can be issued before the Scrutiny Committee decides the tribe claim.
- Whether the petitioner is entitled to a stay of any adverse administrative action pending the decision of the Scrutiny Committee.
- Whether the court can direct the Scrutiny Committee to decide the tribe claim within a specified time.
Subjects
- reservation
- Scheduled Tribe
- tribe validity certificate
- Scrutiny Committee
- writ petition
- quashing notice
- administrative law
Judgment
2026:BHC-AUG:42624-DB
(1) wp12481.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 WRIT PETITION NO. 12481 OF 2026
GANESH GULABRAO PALEPWAD
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
Mr. C.R. Thorat, Advocate for the petitioner.
Mr. P.S. Patil, AGP for the respondent-State.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 16.09.2026
PC :-
01. Heard learned Advocates for the parties. This petition is
taken up for final disposal looking to the limited grievance.
02. The petitioner came to be appointed by respondent No.4 on
16.02.2026 against a post reserved for Scheduled Tribe category. He
was required to submit tribe validity certificate within six months from
the date of appointment. However, till today the certificate is not
submitted. Respondent No.4, therefore, issued notice dated 11.08.2026
as to why no action be taken against the petitioner for not submitting
tribe validity certificate.
03. The tribe claim is pending before the Scrutiny Committee,
(2) wp12481.26
which is lodged on 06.03.2026. A prayer is therefore made for quashing
the notice dated 11.08.2026 and to direct the Scrutiny Committee to
decide the tribe claim of the petitioner within stipulated period.
04. Learned AGP on instructions submits that vigilance cell report
is still pending and the Committee will take at least four months time to
decide claim.
05. Considering the above, respondent No. 2- Scrutiny
Committee is requested to decide the tribe claim of the petitioner within
four months from today. The impugned notice dated 11.08.2026 stands
quashed and set aside. Till four months or till the tribe claim of the
petitioner decided, whichever is earlier, no adverse action be taken
against the petitioner.
06. With the above, this writ petition stands disposed off.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
snk/2026/Sep26/wp12481.26
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