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
Jhs/ 1/2
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.]
Jhs/ 2/2
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