Bombay High Court
LAXMAN BHAGWAN GHORPADEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directs the Scrutiny Committee to decide the tribe‑validity claims within six months and restrains employers from taking adverse action against the petitioners during that period.
Summary
The High Court of Bombay, Aurangabad Bench, heard writ petitions filed by Akash Nandu Range and Laxman Bhagwan Ghorpade seeking a direction for the Scrutiny Committee to decide their pending tribe‑validity claims. The petitions alleged that the claims had been pending since December 2025 and December 2024 respectively. The Court noted that both petitioners are currently in service and ordered the Scrutiny Committee to decide the claims on merits within six months of the order. It further directed that their employers may not take any adverse action against them for lack of a tribe‑validity certificate during this period. The writ petitions were disposed of on these terms.
Issues considered
- Whether the Scrutiny Committee should be directed to decide pending tribe‑validity claims within a specified time‑frame
- Whether employers can take adverse action against service members pending issuance of tribe‑validity certificates
Subjects
- tribe validity
- Scrutiny Committee
- writ petition
- service employment
- protective order
- pending certification
Judgment
2026:BHC-AUG:45827-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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