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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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