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Bombay High Court

MAMTA RAJU GOPANWARversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court quashed the Collector's notice and ordered a stay on any adverse action pending the Scrutiny Committee's decision.

Summary

Mamta Raju Gopanwar was appointed as a Talathi in Satara district on 11 January 2022 to a post reserved for Scheduled Tribe candidates. Although she claimed ST status in 2010, she failed to produce a certificate and submitted a fresh proposal to the Scrutiny Committee on 7 January 2023. On 9 September 2026 the Collector issued a notice seeking reasons for not terminating her services on the ground of non‑production of the certificate for four years and eight months. The petitioner filed a writ petition challenging the notice. The Court quashed the Collector's notice, directed the Scrutiny Committee to decide the proposal within four months, and ordered that no adverse action be taken against the petitioner during that period or until the validation is decided. The petition was thereafter disposed of.

Issues considered

  • Whether the Collector's notice terminating the petitioner’s services for failure to furnish a Scheduled Tribe certificate is valid pending the pending scrutiny of her claim.
  • Whether the petitioner is entitled to a stay of any adverse administrative action until the Scrutiny Committee decides on her proposal.

Subjects

  • Reservation
  • Scheduled Tribe
  • Service termination
  • Administrative law
  • Writ petition
  • Stay order
  • Scrutiny Committee

Judgment

2026:BHC-AUG:42622-DB




                                                    (1)                         wp12482.26


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            902 WRIT PETITION NO. 12482 OF 2026

                                  MAMTA RAJU GOPANWAR
                                        VERSUS
                   THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

           Mr. C.R. Thorat, Advocate for the petitioner.
           Mr. P.K. Lakhotiya, AGP for the respondent-State.

                                               CORAM : KISHORE C. SANT &
                                                       JITENDRA JAIN, JJ.
                                               DATE  : 16.09.2026

           PC :-

           01.            Heard learned Advocate for the petitioner and learned AGP

           for the respondent-State.         Looking to the limited grievance involved in

           the petition, this petition is taken up for final disposal by the consent of

           the parties.



           02.            The   petitioner   came    to   be   appointed   as    Talathi     with

           respondent No.3 on 11.01.2022 against a post reserved for person

           belonging to Scheduled Tribe. Her claim as belonging to Scheduled Tribe

           was already made in 2010, when she was a student. However, no details

           of the same are given in the petition.              The petitioner, however, on

           07.01.2023 submitted fresh proposal with respondent No.2 – Scrutiny

           Committee. Now, the Collector has issued notice dated 09.09.2026
                                           (2)                     wp12482.26


asking the petitioner as to why her services be not terminated, since she

has failed to furnish certificate for four years and eight months.              The

petitioner, therefore, has approached this Court.



03.                Considering the fact that the proposal is already pending and

in the meantime a notice is issued, this Court deems it fit to dispose off

this petition with following directions.



04.                Respondent No. 2 – Scrutiny Committee to decide proposal of

the petitioner within four months from today.                  The notice dated

09.09.2026 issued by the Collector, Satara stands quashed and set aside.

The petitioner to cooperate in the proceeding before the respondent No.

2 – Scrutiny Committee.             Till next four months or till the validation

proceeding is decided by respondent No.2 – Scrutiny Committee,

whichever is earlier, no adverse action be taken against the petitioner.



05.                With the above, this writ petition stands disposed off.



         [JITENDRA JAIN, J.]                       [KISHORE C. SANT, J.]


snk/2026/Sep26/wp12482.26


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