Bombay High Court

ATISH BALAJI TEKLEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the show‑cause notice was unlawful and quashed it, directing the respondent to decide the petitioner’s caste claim within six months and prohibiting any adverse action until such decision.

Summary

The petitioner, Atish Balaji Tekle, was appointed to a post reserved for Scheduled Tribes and was directed by the State to submit a caste validity certificate within six weeks. He filed a writ petition challenging a show‑cause notice dated 08‑09‑2026 that threatened termination for non‑submission of the certificate. The petitioner argued that his caste claim was pending before the relevant Committee since 17‑03‑2026 and he could not obtain the certificate before the Committee decided. The Court examined whether the show‑cause notice could be enforced when the certificate could not be produced due to the pending decision. Finding that the petitioner’s claim was still under consideration, the Court quashed the notice, ordered the respondent to decide the claim within six months, and barred any adverse action against the petitioner pending that decision. Consequently, the writ petition was allowed and the matter disposed.

Issues considered

Whether the show‑cause notice demanding submission of a caste validity certificate can be upheld when the petitioner’s caste claim is pending before the Committee.
Whether termination of the petitioner’s appointment is permissible on the ground of non‑submission of the certificate during the pendency of the claim.

Subjects

caste validity certificate
Scheduled Tribe reservation
show cause notice
administrative law
appointment termination
pending committee decision

Judgment

2026:BHC-AUG:43442-DB

                                                  1                  WP / 12839 / 2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               901 WRIT PETITION NO. 12839 OF 2026

                                      ATISH BALAJI TEKLE
                                           VERSUS
                             THE STATE OF MAHARASHTRA THROUGH
                                    SECRETARY AND OTHERS

                                                     ...
                     Advocate for petitioner : Mr. C.R. Thorat and Mr. O.D. Totawad
                          Addl.GP for the respondent – State : Mr. P.S. Patil
                                                     ...

                          CORAM               : KISHORE C. SANT AND
                                                JITENDRA JAIN, JJ.

                          DATE                : 23 SEPTEMBER 2026

              PER COURT :

                          Heard learned advocate for the petitioner and learned

              AGP.


              2.          Grievance in the petition is against the order issued by

              respondent no. 3 dated 08.09.2026 directing the petitioner to submit

              the caste validity certificate within 8 days and if no certificate is

              produced why action of termination not be taken against the petitioner.


              3.          It is the case of the petitioner that his caste claim is

              pending before the Committee since 17.03.2026. It is not in the hands

              of the petitioner to get the claim decided at the earliest. Respondent

              no. 3 while appointing the petitioner against the post reserved for a

              person belonging to scheduled tribe, had directed the petitioner to
                                          2                  WP / 12839 / 2026


submit caste validity certificate within six weeks from the date of his

appointment. A notice is, therefore, issued for non-submission of the

tribe validity certificate.


4.               The petitioner’s claim is already pending before the

Committee as observed above. In view of above, the petition can be

disposed of by issuing following directions :-


                                      ORDER

     I)       Writ petition is allowed.

     II)      Show cause notice dated 08.09.2026 is quashed and set

              aside.

     III)     Respondent no. 2 is directed to decide the claim of the

              petitioner within six (6) months from today.

     IV)      No adverse action be taken against the petitioner solely on the

              basis of non-submission of the caste validity certificate for a

              period of six (6) weeks or till the tribe claim is decided,

              whichever is earlier.


5.              With these directions, the petition stands disposed of.




            [ JITENDRA JAIN ]                    [ KISHORE C. SANT ]
                 JUDGE                                 JUDGE

arp/

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