Bombay High Court
BHIMASHANKAR LINGOJI JAWADAWADversusTHE STATE OF MAHARASHTRA THR SECRETARY GENERAL ADMINISTRATION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The petitioner is entitled to provisional admission to the First Year LL.B. course without producing a Tribe Validity Certificate, subject to the outcome of his tribe validity claim before the Scrutiny Committee.
Summary
The petitioner, Bhimashankar Lingoji Jawadawad, challenged the denial of a seat allotted to him under the Scheduled Tribe (ST) category at ILS Law College, arguing that the requirement to produce a Tribe Validity Certificate was unjustified. The respondents, including the State of Maharashtra and the State CET Cell, contended that the certificate was mandatory for confirming ST status. The High Court examined whether the petitioner could be granted provisional admission pending the outcome of his tribe validity claim before the Scrutiny Committee. It held that the petitioner should be allowed provisional admission without the certificate, subject to the final decision of the Scrutiny Committee. The Court also directed the petitioner to approach the Aurangabad Bench for directions on the pending tribe validity claim, and disposed of the writ petition without costs.
Issues considered
- Whether the petitioner can be granted provisional admission to the LL.B. course without producing a Tribe Validity Certificate.
- Whether the Scrutiny Committee has jurisdiction to determine the petitioner’s tribe validity claim.
- Whether the State CET Cell can withhold the seat pending certificate production.
Subjects
- admission
- reservation
- Scheduled Tribe
- Tribe Validity Certificate
- provisional admission
- writ petition
- Scrutiny Committee
- jurisdiction
Judgment
OP-920-WP 13254.2026.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13254 OF 2026
Bhimashankar Lingoji Jawadawad ...Petitioner
Versus
The State of Maharashtra & Ors., ...Respondents
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Mr. Sahil Chaudhari for the Petitioner.
Mr. S.B. Kalel, AGP for Respondent No.1 – State.
Mr. Rui Rodrigues for Respondent No.2 – State CET Cell.
Mr. Shailendra Kanetkar a/w Mr. Pranay Kothari for Respondent
No.3 – ILS Law College.
----------
CORAM : R.I. CHAGLA AND
FIRDOSH P. POONIWALLA, JJ.
DATE : 6th OCTOBER, 2026.
OPERATIVE PART OF THE ORDER :
1. For the reasons separately recorded, the following order
is passed:
(i) In view of the Seat still being available in the ILS
KAVITA
SUSHIL
JADHAV Law College and the Petitioner having been allotted ILS
Digitally signed
by KAVITA
SUSHIL JADHAV
Date: 2026.10.06
18:28:35 +0530 Law College in the institutional level round, we direct the
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OP-920-WP 13254.2026.doc
Respondent No. 2 - State CET Cell, to permit the Petitioner
to secure provisional admission to the First Year LL.B. (3
years) Course at ILS Law College, Pune, against the seat
allotted to him under ST category, without insisting upon
production of Tribe Validity Certificate. This shall be subject
to the outcome of the Petitioner's claim for Tribe Validity
Certificate before the Scrutiny Committee.
(ii) Further, the Petitioner shall, as undertaken to this
Court, file a Petition before the Aurangabad Bench seeking
directions for deciding the Tribe Validity Claim of the
Petitioner pending before the Scrutiny Committee, over
which the Aurangabad Bench has jurisdiction.
(iii) The Writ Petition is disposed of in these terms.
There shall be no order as to costs.
[ FIRDOSH P. POONIWALLA, J. ] [ R.I. CHAGLA, J. ]
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