Bombay High Court
RUPALI GOPAL NAGAMWADversusTHE STATE OF MAHARASHTRA THR SECRETARY AND ANOTHER
- Disposal
- DISPOSED OFF
Holding
The Court ordered the Scrutiny Committee to decide the tribe claim within six months and barred any action against the petitioner solely for non‑production of the certificate during that period.
Summary
The petitioner, a stenographer appointed in the Agricultural Department of Maharashtra to a post reserved for Scheduled Tribe candidates, was required to produce a validity certificate of Scheduled Tribe status. She filed a claim with the Scrutiny Committee on 17 February 2026, which remained undecided, threatening possible disciplinary action for non‑production of the certificate. The petitioner sought a writ directing the Scrutiny Committee to decide her claim within a reasonable time. The Court, noting the hardship faced by the petitioner, directed the Scrutiny Committee to determine the claim within six months from the date of the order. It further ordered that no adverse action be taken against the petitioner solely for failure to produce the certificate during this period, subject to expiry of the six‑month term or earlier decision. The writ petition was allowed and the matter disposed of.
Issues considered
- Whether the Scrutiny Committee must decide the petitioner’s Scheduled Tribe validity claim within a stipulated period.
- Whether the Court can grant protection from adverse employment action pending such decision.
Subjects
- Scheduled Tribe
- appointment reservation
- validity certificate
- Scrutiny Committee
- writ petition
- protective order
- administrative law
Judgment
2026:BHC-AUG:44579-DB
(1) wp13052.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
8 WRIT PETITION NO. 13052 OF 2026
RUPALI GOPAL NAGAMWAD
VERSUS
THE STATE OF MAHARASHTRA THR SECRETARY AND ANOTHER
Mr. O.D. Totawad, Advocate for the petitioner.
Mr. K.N. Lokhande, AGP for the respondent-State.
CORAM : KISHORE C. SANT &
JITENDRA JAIN, JJ.
DATE : 29.09.2026
PC :-
01. Heard learned Advocate for the petitioner and learned AGP
for the respondent-State. By consent taken up for final disposal.
02. The petitioner is appointed as a Stenographer in the
Agricultural Department, State of Maharashtra, by order dated
16.10.2025 against a post reserved for Scheduled Tribe person. There is
stipulation in clause No.9 of the appointment order that the petitioner
shall produce validity certificate as belonging to Scheduled Tribe. Her
claim is lodged with the Scrutiny Committee on 17.02.2026. It is case of
the petitioner that till now the claim is not decided. If it is not decided
within stipulated period and if she fails to produce validity certificate, the
employer is likely to take action against her.
(2) wp13052.26
03. In this background, the petitioner has approached this Court
seeking direction to the Scrutiny Committee to decide the tribe claim of
the petitioner within stipulated period.
04. Considering the difficulty of the petitioner, respondent No.2-
the Scrutiny Committee to decide tribe claim of the petitioner within six
months from today. Till said period, we hope and expect, no action will
be taken against the petitioner solely on the basis of non-production of
tribe certificate. This protection shall expire after six months from today
or till decision of the Scrutiny Committee, whichever is earlier. The
petitioner to co-operate the Scrutiny Committee in early disposal of the
tribe claim, without seeking single adjournment.
05. With the above, this Writ Petition is allowed and is disposed
off.
[JITENDRA JAIN, J.] [KISHORE C. SANT, J.]
snk/2026/Sep26/wp13052.26
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