Bombay High Court

PRABHAKAR BALAJI DESHATWADversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The show‑cause notice was quashed and no adverse action can be taken solely on non‑submission of the caste validity certificate pending the Committee’s decision.

Summary

The petitioner, Prabhakar Balaji Deshatwad, was appointed to a post reserved for Scheduled Tribe candidates and was directed by the State of Maharashtra to submit a caste validity certificate within six weeks. He contended that his claim for Scheduled Tribe status was pending before the relevant Committee since March 2026 and that he could not expedite the decision. The State issued a show‑cause notice on 9 September 2026 demanding the certificate and threatening termination for non‑compliance. The High Court examined whether the notice could be sustained when the petitioner’s caste claim was still under adjudication. Finding that the petitioner could not be expected to produce a certificate before the Committee’s decision, the Court quashed the notice, ordered the respondent to decide the claim within three months, and barred any adverse action solely on the basis of non‑submission of the certificate. The writ petition was consequently allowed and disposed of.

Issues considered

Whether a show‑cause notice demanding a caste validity certificate can be upheld when the petitioner’s Scheduled Tribe claim is pending before the adjudicating Committee.
Whether adverse action, including termination of appointment, can be taken against the petitioner for non‑submission of the certificate during the pendency of the claim.
Whether the respondent is obligated to decide the petitioner’s caste claim within a reasonable time.

Subjects

caste certificate
Scheduled Tribe
appointment
termination
show-cause notice
administrative law
writ petition
quashing order

Judgment

2026:BHC-AUG:43440-DB

                                               1             WP / 12841 / 2026



                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               902 WRIT PETITION NO. 12841 OF 2026

                               PRABHAKAR BALAJI DESHATWAD
                                        VERSUS
                   THE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

                                                     ...
                     Advocate for petitioner : Mr. C.R. Thorat and Mr. O.D. Totawad
                         AGP for the respondent – State : Mr. P.K. Lakhotiya
                                                     ...

                          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 09.09.2026 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 / 12841 / 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 09.09.2026 is quashed and set

              aside.

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

              petitioner within three (3) 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/

Continue reading with your account

Checking your session…