Bombay High Court

CHANDRAKANT SUKHADEV BHOTKARversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SANDIPKUMAR C MORE ABASAHEB D SHINDE

Holding

The Court ordered the Scrutiny Committee to decide the petitioner’s tribe claim within six months and barred the employer from taking coercive action during that period.

Summary

The petitioner, Chandrakant Sukhadey Bhotkar, claimed membership in the ‘Koli Malhar’ Scheduled Tribe, a claim pending before the Scrutiny Committee since May 2013. During this pendency, his employer issued a show‑cause notice demanding a tribe validity certificate, threatening termination of his service. The petitioner sought relief to prevent any coercive action by the employer until his tribe claim was decided. The Court directed the Scrutiny Committee to adjudicate the tribe claim within six months from the order and prohibited the employer from taking any coercive action against the petitioner for the same period. The petitioner was instructed to cooperate fully, and the protection granted was limited to six months. The writ petition was thereafter disposed.

Issues considered

Whether the petitioner is entitled to protection from termination pending the decision on his Scheduled Tribe claim
Whether the Court can direct the Scrutiny Committee to decide the tribe claim within a specified timeframe

Subjects

Scheduled Tribe
tribe claim
Scrutiny Committee
show-cause notice
termination
writ petition
protective order
administrative direction

Judgment

2026:BHC-AUG:4595-DB
                                                 1                         58.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD
                       58 WRIT PETITION NO. 14694 OF 2025

                     CHANDRAKANT SUKHADEV BHOTKAR
                                  VERSUS
                   THE STATE OF MAHARASHTRA AND OTHERS
                                           ...
               Advocate for the Petitioner : Mr. Ghanshyam K Chinchole
                     AGP/APP for Respondent/State : Mr. P.S. Patil
            Advocate for Respondent No.3 and 4 : Mr. Manwatkar Dinesh U.
                                            …
                                        CORAM        :   SANDIPKUMAR C. MORE AND
                                                         ABASAHEB D. SHINDE, JJ.
                                          DATE       : 02.02.2026

             PER COURT :
             .     Heard.

             2.    The tribe claim of the petitioner of belonging to ‘Koli Malhar’
             Scheduled Tribe is pending with the respondent/Scrutiny Committee
             since 27.05.2013.

             3.    Learned counsel for the petitioner submits that during pendency
             of his tribe claim, the employer of the petitioner has issued show-cause
             notice calling upon the petitioner to submit the tribe validity certificate
             failing which the service of the petitioner would be brought to an end.


             4.    Considering the fact that the tribe claim of the petitioner is
             pending since 2013, we direct the respondent/Scrutiny Committee to
             decide the tribe claim of the petitioner as expeditiously as possible and
             in any case within a period of six months from today.
                                     2                         58.doc



5.      For the next six months, the employer/s of the petitioner shall
not take any coercive action against the petitioner for failing to submit
tribe validity certificate.


6.      The petitioner shall extend full co-operation for expeditious
disposal of his tribe claim within a time-frame.

7.      We make it clear that the protection granted by this Court will
operate for a period of six months only and the petitioner will not claim
any equities.


8.      With these directions, the Writ Petition stands disposed of.




( ABASAHEB D. SHINDE, J. )                ( SANDIPKUMAR C. MORE, J. )



vsj..

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