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Bombay High Court

TANMAY JITENDRA GHOTIversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND ORS

Decided
Disposal
Dismissed

Holding

The Court dismissed the petition, holding that the petitioner’s claim had been invalidated and he had approached the wrong bench, so no direction could be issued to admit him under the Scheduled Tribe category without a certificate.

Summary

The petitioner, Tanmay, sought a direction from the High Court to allow his candidature for MBBS/BDS admission under the Scheduled Tribe (ST) category without a Caste Validity Certificate, citing urgency due to the CAP Round 3 schedule. He had applied for a Tribe Validity Certificate on 11 December 2025, which was rejected by the Scheduled Tribe Certificate Scrutiny Committee on 30 July 2026, and the State CET Cell subsequently re‑classified his application to the Open category on 18 August 2026. The petitioner relied on two earlier orders of the Court—one dated 24 August 2026 and another dated 8 September 2026—but those orders dealt with cases where the Scrutiny Committee had not yet decided the validity claim. The Court observed that the petitioner approached the wrong bench (the Bombay bench instead of the Aurangabad bench) and that his claim had already been invalidated, rendering his request untimely. Consequently, the Court dismissed the writ petition without costs, holding that no relief could be granted in the circumstances.

Issues considered

  • Whether the High Court can direct the State CET Cell to consider the petitioner’s candidature under the Scheduled Tribe category without a Caste Validity Certificate during the pendency of the petition.
  • Whether the petitioner’s delay in approaching the appropriate bench and the prior invalidation of his tribe validity claim preclude any relief.

Subjects

  • Scheduled Tribe
  • Caste Validity Certificate
  • Centralized Admission Procedure
  • Writ Petition
  • Urgency
  • Jurisdiction
  • Procedural delay

Judgment

                                                                               904-wp-12698-2026.doc
                      jsn

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                             WRIT PETITION NO.12698 OF 2026

                            Tanmay S/o. Jitendra Ghoti                         ...Petitioner
JITENDRA
SHANKAR                           Versus
NIJASURE
Digitally signed by
JITENDRA SHANKAR
NIJASURE                    The State of Maharashtra & Ors.                    ...Respondents
Date: 2026.09.28
18:55:46 +0530


                                                            ----------
                            Ms. Preeti Rane with Ms. Himani Kavi for the Petitioner.
                            Ms. Megha Gowalani with Ms. Saharsh Manyar for the CET Cell.
                            Mr. P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP for the
                            State.
                                                            ----------

                                                      CORAM : R.I. CHAGLA AND
                                                              FIRDOSH P. POONIWALLA, JJ.
                                                      DATE  : 24TH SEPTEMBER, 2026.

                            O R D E R:

                            1.           By this Writ Petition, the Petitioner is seeking a direction

                            to Respondent No. 3 - State CET Cell to consider the candidature of

                            the Petitioner in the ongoing admission process for the MBBS/BDS

                            course from Scheduled Tribe category without insisting upon the

                            Caste Validity Certificate during the pendency of the present Petition.



                            2.           This Petition has been moved on the ground of urgency



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in view of the schedule of CAP Round 3 providing for online

registration commencing from 22nd September 2026 and till 26th

September 2026.



3.          The Petitioner, who had applied for Tribe Validity

Certificate to the Scheduled Tribe Certificate Scrutiny Committee No.

1, Chhatrapati Sambhajinagar on 11th December 2025, and the Tribe

Validity Claim of the Petitioner having been invalidated by the

Scrutiny Committee on 30th July 2026, has chosen not to move the

appropriate Bench, viz. the Aurangabad Bench of this Court seeking

appropriate directions with regard to the impugned Order dated 30th

July 2026 and his challenge in respect thereof. This particularly

considering that the Petitioner sought to participate in the

Centralized Admission Procedure (CAP) for admission to MBBS/BDS

courses for Academic Year 2026–2027 and was well aware of the CAP

Round Schedule.



4.          It is pertinent to note that the Respondent No. 3 - State

CET Cell, has already converted the Application of the Petitioner from

Scheduled Tribe category to Open category on 18th August 2026.




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5.          The Petitioner's reliance on Order dated 24th August

2026 passed by the Nagpur Bench of this Court, where the Petitioner’

category in the admission process was converted to Open from the

Scheduled Tribe by the State CET Cell, and direction was issued to

the State CET Cell to consider the candidature of the Petitioner from

Scheduled Tribe category for participation in ongoing admission

process, is misplaced. That was a case where the Validity Claim had

not yet been decided by the Scrutiny Committee. Further, the reliance

placed by the Petitioner on the Order dated 8th September 2026

passed by this Court in Writ Petition No.11963 of 2026 is also

misplaced, considering that in that case, the Petitioner had moved the

Aurangabad Bench of this Court as the Scrutiny Committee had not

yet decided the Tribe Validity Claim of the Petitioner and the

Aurangabad Bench had accordingly granted six months to the

Scrutiny Committee to decide the Tribe Claim of the Petitioner.



6.          In our view, the Petitioner has belatedly approached this

Court seeking directions to the State CET Cell to allow the Petitioner

to participate in the ongoing admission process for the MBBS/BDS

Course from Scheduled Tribe category without insisting upon the

Caste Validity Certificate during pendency of the Petition. The Tribe

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Validity Claim of the Petitioner having been invalidated by the

Scrutiny Committee way back on 30th July 2026, and the lack of

measures taken by the Petitioner in so far as seeking directions from

the appropriate Bench, viz. the Aurangabad Bench, with regard to its

challenge in respect thereof, this Petition deserves to be dismissed.



7.           Accordingly, the Writ Petition is dismissed. There shall be

no order as to costs.



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




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