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Bombay High Court

DEVANSHI HIRACHAND PALAMPALLEversusSTATE OF MAHARASHTRA THR ITS SECRETARY AND ANR

Decided
Disposal
Disposed Off

Holding

The Court ordered that the petitioner's caste validity claim be decided within 90 days of receipt of a certified copy of the order, after giving an opportunity of being heard.

Summary

The petitioner, a member of the Koli Mahadev Scheduled Tribe, sought a writ directing the State to expedite the pending caste validity claim essential for her admission to higher education. She argued that relatives' claims had already been granted, making the delay unjustified. The State, through its AGP, offered to decide the claim within 90 days upon receipt of the order. The Court, noting the limited grievance and without adjudicating the claim's merits, directed that the claim be heard and a final order passed within 90 days of receiving a certified copy of the judgment. The writ petition was consequently disposed.

Issues considered

  • Whether the State should be directed to decide the petitioner's caste validity claim within a specified time frame.
  • Whether the delay in processing the caste validity claim violates the petitioner's rights to education.

Subjects

  • Scheduled Tribe
  • Caste Validity Claim
  • Admission to Higher Education
  • Writ Petition
  • Direction
  • Delay
  • Maharashtra

Judgment

                                                                         27-WP-2749-2026.DOC




                                                                                    Rekha Patil
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                        WRIT PETITION NO. 2749 OF 2026
                      Devanshi Hirachand Palampalle                        …Petitioner
                            Versus
                      The State of Maharashtra and Anr.                    …Respondents

                      Mr. R. K. Mendadkar, for the Petitioner
                      Ms. Reena Salunke, AGP, for the Respondents-State.

                                             CORAM:        SUMAN SHYAM &
                                                           SHYAM C. CHANDAK, JJ.
                                             DATED:        4th MARCH, 2026.
                      PC:-

                      1.       Heard Mr. Mendadkar, learned Counsel appearing for the
                      Petitioner. Also heard Ms. Salunke, learned AGP, appearing for the
                      State.

                      2.       The Petitioner belongs to “Koli Mahadev” Tribe, which is a
                      recognized Schedule Tribe in the State of Maharashtra.         She is
                      pursuing academic career and is desirous of seeking admission in
                      institutions of higher education based on her schedule tribe status.

                      3.       The grievance of the Petitioner is that her Caste Validity
                      Claim is pending disposal before the Respondent No.2 till today,
                      thus, causing serious prejudice to her interest. Hence, the Writ
                      Petition seeking directions.

                      4.       Mr. Mendadkar, learned Counsel appearing for the Petitioner,
                      submits that the Caste Validity Claim of close relatives of the
                      Petitioner, including her father and real sister, have already been
REKHA
PRAKASH
PATIL
Digitally signed by
REKHA PRAKASH                                         Page 1 of 2
PATIL
Date: 2026.03.09
18:14:18 +0530
                                                          27-WP-2749-2026.DOC




granted by the Respondent No.2.                  Therefore, in view of the
decision of this Court in the case of Nandkumar More vs. State of
Maharashtra and Ors.1; the decisions of the Hon’ble Supreme Court
in the case of Apoorva Nichale vs. DCCSC, Akola and Ors. 2 and
Mah. Adiwasi Thakur Jamat Swarakshan Samiti vs. State of
Maharashtra and Ors.3, there is no justifiable ground for the
Respondent No.2 to delay the matter on any count.

5.     Ms. Salunke, learned AGP appearing for the appearing for
the Respondents-State, submits on instructions, that if a direction
is issued by this Court, the Caste Validity Claim of the Petitioner
shall be finalized within 90 days from the date of receipt of
certified copy and/or authenticated copy of this order.

6.     If that be so and considering the limited nature of grievance
expressed in the Writ Petition, without expressing any opinion on
the merit of the claim, as agreed to by both the sides, we dispose of
the Writ Petition by providing that the Caste Validity Claim of the
Petitioner be considered in accordance with law and a final order
be passed therein after giving an opportunity of being heard in the
matter, within 90 days from the date of receipt of certified copy
and/or authenticated copy of this order.

7.     Writ Petition stands disposed of accordingly.



      (SHYAM C. CHANDAK, J.)                          (SUMAN SHYAM, J.)
                                                                            {




1 Writ Petition No. 1602 of 2012
2 2010 (6) MH. L. J. 401
3 2023 SCC OnLine SC 326


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