SWARNANDINI D/O TANAJI DABADEversusTHE STATE OF MAHARASHTRA THR SECRETARY GENERAL ADMINISTRATION AND ANR

                                                                     911&913-WP-13269&13279-26.doc


             Sharayu Khot.

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 13269 OF 2026


                    Nidhi D/o Dhiraj Koli                           …Petitioner

                             Versus

                    The State of Maharashtra & Anr.                 …Respondents

                                                      AND
                                      WRIT PETITION NO. 13279 OF 2026


                    Swarnandini D/o Tanaji Dabade                   …Petitioner

                             Versus

                    The State of Maharashtra & Anr.                 …Respondents

                                                    ----------
                    Mr. Ghanshyam K. Chinchole h/f Mr. V.U. Jadhav and R.L. Adhe for
                    the Petitioners in both WPs.
                    Mr. O.A. Chandurkar, Addl.GP a/w Smt. Vaishali S. Nimbalkar, AGP
                    for the Respondent-AGP in WP/13269/2026.
                    Mr. S.H. Kankal, AGP for the Respondent-AGP in WP/13279/2026.
                    Mr. Yashodeep P. Deshmukh a/w Ms. Vaidehi Pradeep for the
                    Respondent-CET Cell.
                                                    ----------
SHARAYU
PANDURANG
KHOT



                                             CORAM : R.I. CHAGLA J
Digitally
signed by
SHARAYU
                                                     FIRDOSH P. POONIWALLA, J
PANDURANG
KHOT
Date:
2026.10.08
11:14:37
+0530

                                             DATE       :    6 October 2026




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ORDER :


1.           Rule. Rule made returnable forthwith. Heard by consent

of the parties.



2.           The above two Writ Petitions have been moved on the

ground of urgency, in view of these Petitioners seeking a

direction to Respondent No. 2 - State CET Cell to allow the

Petitioners to participate in CAP Round III round of NEET-UG-

2026 for MBBS/BDS course without asking for submission of Tribe

Validity Certificate, as the Tribe Claim of both the Petitioners are

pending before the Tribe Verification Committee.



3.           The Petitioners have been issued a “Koli Mahadev”

Scheduled Tribe Certificate on 8th June 2017 and on 14th January

2022 respectively. Petitioners had accordingly applied for Tribe

Validity Certificate in Writ Petition No. 13269 of 2023 on 25th

September 2023 and in Writ Petition No. 13279 of 2023 on 28th

May 2024. The Tribe Validity Claims of the Petitioners not having

been decided by the Scrutiny Committee, the Petitioners were

constrained to move the Aurangabad Bench of this Court, which is


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the     appropriate      Bench     having       jurisdiction   over the       Scrutiny

Committee. The Aurangabad Bench of this Court vide order dated

30th September 2024 has directed Respondent No. 2 - Scrutiny

Committee to decide the Tribe Validity Claim of the respective

Petitioners in accordance with law and on their own merits as

expeditiously as possible and in any event, within a period of four

weeks from the date of the said order.



4.              Mr. Ghanshyam Chinchole, the learned Counsel for the

Petitioners, submits that the Petitioners have placed reliance upon

Ishwari D/o Sainath Lakhmod Vs. The State of Maharashtra &

Anr.1, wherein in a similar factual situation, this Court had observed

that in Government Resolution dated 2nd July 2026 and 4th

September 2026 benefit of submitting Validity Certificate in respect

of reserve categories other than Scheduled Tribe had been extended

by a period of six months and thereafter, by three months and which

benefit had not been extended to the Scheduled Tribe category

without any reasons been furnished.



5.              This Court had accordingly directed the State Cell to

1    Writ Petition No. 12158 of 2024 order dated 11th September 2024

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consider the Petitioners from the Scheduled Tribe Category in the

subsequent CAP rounds without insisting upon the Tribe Validity

Certificate, as the Tribe Validity Claims of the Petitioners are pending

before the Scrutiny Committee.



6.           Accordingly, we pass a similar order, and direct

Respondent No. 2 – State CET Cell to consider the Petitioners from

Scheduled Tribe Category in CAP Round III of NEET-UG-2026 and

onwards without insisting upon Tribe Validity Certificate as Tribe

Validity Claims of the Petitioners are pending before Scrutiny

Committee.



7.           This shall be subject to the Petitioners’ Tribe Validity

Claims being decided in their favour by the Scrutiny Committee.



8.           The Writ Petitions are disposed of in these terms with no

order as to costs.




      [FIRDOSH P. POONIWALLA, J.]                  [R.I. CHAGLA J.]




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