Bombay High Court
BALAJI NAGORAO YADPALWARversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court directed the Scrutiny Committee to decide the petitioner’s tribe claim within one year and restrained the employer from any coercive action until such decision is rendered.
Summary
Balaji Nagorao Yadpalwar filed a writ petition seeking the court’s intervention to expedite the determination of his claim of belonging to the Mannervarlu Scheduled Tribe, which has been pending before the Scrutiny Committee since 4 December 2025. He was appointed as an Attendant and, under Clause 13 of his appointment order, is required to submit a validity certificate within six months, raising concerns that his employer might take coercive action for non‑submission. The petitioner argued that the delay in the tribe claim decision jeopardises his employment and statutory rights. The Court examined whether it could issue a direction to the Scrutiny Committee and restrain the employer pending the decision. It held that the Court may direct the Committee to decide the claim expeditiously, preferably within one year, and ordered that no coercive action be taken by the employer on the ground of non‑submission of the validity certificate. Consequently, the petition was disposed with the said directions, effective only until the tribe claim is decided.
Issues considered
- Whether the High Court can direct the Scrutiny Committee to decide a pending Scheduled Tribe claim expeditiously.
- Whether the employer can be restrained from taking coercive action against the petitioner pending the decision on the tribe claim.
Subjects
- Scheduled Tribe
- tribe claim
- Scrutiny Committee
- writ petition
- expeditious disposal
- validity certificate
- coercive action
- protective order
Judgment
2026:BHC-AUG:9341-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 WRIT PETITION NO. 2325 OF 2026
Balaji Nagorao Yadpalwar
VERSUS
The State Of Maharashtra Through Its Secretary And Others
...
Mr. Omprakash D. Totawad, Advocate for the Petitioner
Mr. Madhukar A. Aher, AGP for Respondents/State
...
CORAM : SANDIPKUMAR C. MORE AND
ABASAHEB D. SHINDE, JJ.
DATED : 4TH MARCH 2026
PER COURT (Per Abasaheb D. Shinde J.):-
1. Heard.
2. By this Writ Petition the petitioner is seeking direction for
expeditious disposal of the tribe claim of the petitioner of belonging
to ‘Mannervarlu’, Scheduled Tribe which is pending with Respondent
No.2-Scrutiny Committee since 04.12.2025.
3. Learned Counsel for the petitioner submits that the petitioner
has been appointed to the post of Attendant and as per Clause 13 of
the said appointment order the petitioner is expected to submit
validity within a period of six (6) months.
4. In that view of the matter, we deem it appropriate to direct
Respondent No.2-Scrutiny Committee to decide the tribe claim of the
Narwade
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petitioner as expeditiously as possible and preferably within a period
of one (1) year from today.
5. Till the tribe claim of the petitioner is decided the employer of
the petitioner shall not take any coercive action solely on the ground
of non submission of the validity certificate.
6. We make it clear that the protection granted by this Court will
operate only till the tribe claim of the petitioner is decided.
7. With this direction, Writ Petition stands disposed of.
[ABASAHEB D. SHINDE, J.] [SANDIPKUMAR C. MORE, J.]
Narwade
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