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Bombay High Court

AKASH NANDU RANGEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court directed the Scrutiny Committee to decide the tribe validity claims within six months and restrained employers from taking adverse action against the petitioners during that period.

Summary

The High Court heard two writ petitions filed by Akash Nandu Range and Laxman Bhagwan Ghorpade seeking a direction to the Scrutiny Committee to decide their pending tribe validity claims, which had been awaiting decision since December 2025 and December 2024 respectively. The petitioners, who are currently in government service, requested that no adverse employment action be taken against them for the lack of tribe validity certificates. The Court, noting the limited nature of the prayer, ordered the Scrutiny Committee to decide the claims on their merits within six months from the date of the order. It further directed that the petitioners' employers may not take any adverse action on the ground of non‑production of the certificates during this period or until the claims are decided, whichever is earlier. Both writ petitions were disposed of on these terms.

Issues considered

  • What is the appropriate time‑frame for the Scrutiny Committee to decide pending tribe validity claims?
  • Whether an employer can take adverse service action against a petitioner for not possessing a tribe validity certificate pending the Committee's decision.

Subjects

  • tribe validity
  • Scheduled Tribe
  • Scrutiny Committee
  • writ petition
  • government service
  • administrative law

Judgment

2026:BHC-AUG:45826-DB

                                                                           Sr. No. 905 & 906


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              905 WRIT PETITION NO. 13339 OF 2026

                                       Akash Nandu Range
                                            VERSUS
                        The State Of Maharashtra Thr Secretary And Others
                                               …
                                              AND
                             906 WRIT PETITION NO. 13340 OF 2026

                                    Laxman Bhagwan Ghorpade
                                             VERSUS
                         The State Of Maharashtra Thr Secretary And Others
                                                ...
                Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioners.
                Mr. S. B. Pulkundwar and Mr. R. S. Wani, AGPs for the Respondents-
                State.
                                                …
                                              CORAM : KISHORE C. SANT &
                                                         JITENDRA JAIN, JJ.
                                              DATE     : 30th SEPTEMBER, 2026
                PER COURT :

                1.       Heard learned Advocate for the Petitioners and learned AGP

                for the Respondent-State.

                2.       The limited prayer in these Petitions is for a direction to

                Respondent No. 2 – Scrutiny Committee to decide the tribe validity

                claims of the respective Petitioners, which are stated to be pending

                since 10th December, 2025 in Writ Petition No. 13339 of 2026 and

                since 31st December, 2024 in Writ Petition No. 13340 of 2026.

                3.       Considering the limited nature of the prayer, Respondent

                No. 2 – Scrutiny Committee is directed to decide the tribe validity


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                                                               Sr. No. 905 & 906


claims 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 six months from today.

4.       It is stated that both the Petitioners are presently in service.

In the circumstances, the respective employers shall not take any

adverse action against the Petitioners merely on the ground of non-

production of the tribe validity certificates for a period of six months

from today or until the respective tribe validity claims are decided by

Respondent No. 2 – Scrutiny Committee, whichever is earlier.

5.       Both the Writ Petitions stand disposed of in the above

terms.



 [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]




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