Bombay High Court

MONAL SANJIV KOLIversusSTATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

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

Holding

The Court held that no disciplinary action may be taken against the petitioner until the Scheduled Tribe claim is decided, and directed the Scrutiny Committee to decide the claim within eight months.

Summary

The petitioner, a 22‑year‑old service employee, filed a writ petition seeking protection from disciplinary action by his employer for not producing a Scheduled Tribe (ST) validity certificate, as his claim of belonging to the "Tokre Koli" tribe was pending before the Scheduled Tribe Certificate Scrutiny Committee since 30‑09‑2025. The employer had issued a notice dated 12‑01‑2026 demanding the certificate and threatened disciplinary action. The High Court directed the Scrutiny Committee to decide the petitioner’s tribe claim expeditiously, preferably within eight months from the order date. It further ordered that the employer refrain from taking any disciplinary action against the petitioner solely on the ground of non‑submission of the ST certificate until the claim is decided. The protection granted by the Court is limited to the period until the tribe claim is resolved, and the writ petition was disposed.

Issues considered

Whether the employer can impose disciplinary action on the petitioner for not submitting a Scheduled Tribe validity certificate while the claim is pending.
Whether the Court can direct the Scheduled Tribe Certificate Scrutiny Committee to decide the petitioner's tribe claim within a specified time frame.

Subjects

Scheduled Tribe certificate
tribe claim
disciplinary action
employment
writ petition
High Court
expeditious decision

Judgment

2026:BHC-AUG:7129-DB
                                                (1)
                                                               940 w.p. 1866-2026.odt
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                WRIT PETITION NO. 1866 OF 2026

                       Monal Sanjiv Koli,
                       Age : 22 Years, Occ. Service,
                       R/o. village Udhali Khurd,
                       Tq. Raver, Dist. Jalgaon.                ..PETITIONER
                             VERSUS
                1.     The State of Maharashtra,
                       Through its Secretary,
                       Energy Department,
                       Mantralaya, Mumbai.

                2.     Scheduled Tribe Certificate Scrutiny
                       Committee, Dhule
                       Through its Member Secretary and
                       Deputy Director (Research),
                       Sindhumanik Building, Near Ekviradevi
                       High School, Sharda Nagar, Deopur,
                       Dhule.

                3.     Executive Engineer, Savada Division,
                       Maharashtra State Electricity Distribution
                       Company Limited.                    ..RESPONDENTS

                                          ….
                       Advocate for the Petitioner :Mr. Sushant V. Dixit
                       A.P.P for Respondents/State : Mr. M.A. Aher
                                          ...

                                   CORAM :    SANDIPKUMAR C. MORE AND
                                              ABASAHEB D. SHINDE, JJ.
                                   DATED :      FEBRUARY 17, 2026

                ORAL ORDER (PER ABASAHEB D. SHINDE, J):-

                1.     Heard.

                2.     The tribe claim of the petitioner of belonging to “Tokre

                Koli” Scheduled Tribe is pending with respondent No.2/Tribe

                Scrutiny Committee since 30.09.2025.
                                (2)
                                                940 w.p. 1866-2026.odt


3.     Since the petitioner is in employment and the employer of

the petitioner has issued a letter dated 12.01.2026, calling

upon the petitioner to submit the validity certificate, failing

which, the disciplinary action will be taken against the

petitioner, we deem it appropriate to direct respondent

No.2/Tribe Committee to decide the tribe claim of the

petitioner as expeditiously as possible and preferably within a

period of eight months from today.


4.     Till the tribe claim of the petitioner is decided by the

respondent No.2/Tribe Committee, the employer/s of the

petitioner shall not take any disciplinary action against the

petitioner solely on the ground of non-submission of tribe

validity certificate.


5.     We make it clear that the protection granted by this

Court, will operate, only till the tribe claim of the petitioner is

decided.



6.     With these directions, the Writ Petition stands disposed

of.


(ABASAHEB D. SHINDE)                  (SANDIPKUMAR C. MORE)
      JUDGE                                   JUDGE

YSK/

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