Bombay High Court

PRABHAWATI BABASAHEB KOMBDEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is allowed, directing the committee to decide the petitioner’s tribe claim within two weeks and staying any adverse action pending that decision.

Summary

The petitioner, Prabhawati Babasaheb Kombde, received a show‑cause notice from the Deputy Conservator of Forest demanding a Scheduled Tribe (ST) caste certificate, as she had been appointed to a post reserved for ST candidates. Fearing that failure to produce the certificate would lead to adverse action, she filed a writ petition challenging the notice and seeking a direction for the committee to decide her tribe claim promptly. The State argued that the hearing on the claim had been completed and a judgment was pending. The Court held that the petition was maintainable and ordered that the committee decide the tribe claim within two weeks, and that no adverse action be taken pending that decision. Consequently, the writ petition was allowed and disposed of with the stipulated directions.

Issues considered

What is the appropriate judicial remedy when a government authority issues a show‑cause notice demanding a caste/tribe certificate before the claimant's reservation claim is decided?
Whether the court can stay any adverse administrative action pending the decision of the tribe claim.

Subjects

Reservation
Scheduled Tribe
Caste Certificate
Show Cause Notice
Writ Petition
Stay Order
Administrative Law

Judgment

                                      (1)                      902-WP-13445-2026




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                   902 WRIT PETITION NO. 13445 OF 2026

                      Prabhawati Babasaheb Kombde
                                VERSUS
           The State Of Maharashtra Thr Secretary And Others
                                    ...
Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner.
Mr. A. S. Patil, AGP for Respondent-State..

                                    CORAM : KISHORE C. SANT &
                                                JITENDRA JAIN, JJ.

                                    DATE     : 1st OCTOBER 2026.

PC :-

1.      Heard Mr. Vibhute, the learned Advocate for the petitioner, and Mr.

Patil, the learned AGP for Respondent/State.

2.      The petition is moved as the petitioner has received a show cause

notice dated 21/09/2026, issued by Respondent No.3/the Deputy

Conservator of Forest, Pune, asking the petitioner to submit her

caste/tribe validity certificate as she was appointed against a post

reserved for a person belonging to Scheduled Tribe category.

3.      It is further stated that if no certificate is produced, adverse action

will be taken. It is also directed to show cause as to why the claim
                                             (2)                902-WP-13445-2026




proceeding is pending for such a long period. The petitioner, therefore,

apprehends adverse action at the hands of Respondent No.3. In that

view, a prayer is also made to direct respondent No.2/Committee to

decide the claim petition of the petitioner within a stipulated period.

4.           Learned AGP, on instruction, submits that hearing is already

completed. The claim is reserved for judgment, and within a week’s

time, the judgment will be delivered.

5.           Considering above, following order:

                              ORDER

(i)          Writ petition stands allowed;

(ii)         Respondent No.2/committee is requested to decide the tribe claim

of the petitioner within a period of two weeks from today.

(iii) Till such period, no action be taken by the Respondent No.3

pursuant to notice dated 21/09/2026.

(iv) With these directions, writ petition stands disposed off.



     [JITENDRA JAIN, J.]                           [KISHORE C. SANT, J.]
D.A.ETHAPE

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