Bombay High Court
SHRADDHA D/O DIPAK SHINDE U/G DIPAK SAMBHAJI SHINDEversusTHE STATE OF MAHARASHTRA THR DEPT OF TRIBAL DEPT AN DANR
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the Committee must decide the pending tribe claim expeditiously, directing it to do so within five weeks.
Summary
The petitioner, Shraddha Dipak Shinde, filed a writ petition under Article 226 seeking a direction to the Caste Scrutiny Committee to decide her Scheduled Tribe (Thakar) claim, which had been pending since 21 November 2025. She had obtained a caste certificate from the Sub‑Divisional Officer, Revenue, Shirur, and applied for admission to an engineering course under the ST reservation, but the committee had not acted on her verification request. The petitioner argued that the delay violated her right to timely admission and the statutory mandate for prompt verification of caste claims. The High Court noted the absence of any written opposition from the respondents and considered the limited relief sought. It directed the Committee to decide the pending application within five weeks and ordered the petition disposed without costs.
Issues considered
- Whether the Caste Scrutiny Committee is obligated to decide a pending Scheduled Tribe claim within a reasonable time under Article 226 of the Constitution.
- Whether the petitioner is entitled to a writ directing expeditious verification of her tribe claim for admission under the reservation policy.
Subjects
- Article 226
- Scheduled Tribe
- Caste verification
- Writ petition
- Reservation
- Administrative delay
Judgment
404 WP 9151-26.DOC
JYOTI
RAJESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANE CIVIL APPELLATE JURISDICTION
Digitally signed
by JYOTI
RAJESH MANE WRIT PETITION NO. 9151 OF 2026
Date: 2026.08.03
17:14:21 +0530
Shraddha Dipak Shinde ...Petitioner
Versus
The State of Maharashtra & Anr. ...Respondents
_______
Mr. Sahil Choudhari for Petitioners.
Mr. Akshay Prakash Shinde, ‘B’ Panel Councel a/w V. G. Badgujar, AGP for
Respondent-State.
_______
CORAM: G. S. KULKARNI &
AARTI SATHE, JJ.
DATE: 27 JULY 2026
P.C.
1. This petition under Article 226 of the Constitution of India is filed
praying for the following sole substantive relief:-
“(B) To direct the Respondent No.2-Committee to decide Tribe Claim of
the Petitioner within a stipulated period as this Hon’ble Court deems fit
which is pending since 21.11.2025 considering the urgency that the
Petitioner is aspiring admission to the Engineering Course from Scheduled
Tribe category in the academic year 2026-27, by issuing appropriate writ,
orders, or directions as the case may be;”
2. It is the Petitioner's grievance that Respondent No. 2 the Caste Scrutiny
Committee has not taken any decision on the Petitioner's application dated 21
November 2025, which is still pending consideration. It is the Petitioner's
contention that she has obtained caste certificate certifying her as belonging to the
Thakar Scheduled Tribe from the Sub-Divisional Officer, Revenue, Shirur.
3. The Petitioner submitted proposal for verification of her Tribe claim
before Respondent No.2-Committee through the college authorities by online
process and along with the said proposal, the Petitioner submitted the necessary
documentary evidence since 1929 showing the caste status as Thakar. The
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404 WP 9151-26.DOC
Petitioner appeared for MHT-CET-2026 examination for admission to the
Engineering Course against the seat reserved for Scheduled Tribe category and the
Petitioner has from time-to-time requested Respondent No.2 Committee for
conducting verification of the Petitioner’s claim. The Petitioner has also sent the
representation dated 21 November 2025 to Respondent No.2 which has not been
decided so far. It is the Petitioner's grievance that this representation dated 21
November 2025 has to be taken to its logical conclusion and be decided as per
mandate of law.
4. In view of the limited relief prayed by the Petitioner in the present
Petition and although there being no written opposition/reply of the Respondents
and considering the nature of the orders which we propose to pass, no prejudice
would be caused to the Respondents. The following order would serve the ends of
justice:-
ORDER
i. Respondent No.2-Committee is directed to consider and decide the
pending application dated 21 November 2025 as per law, as expeditiously as
possible, preferably within a period of five weeks from the date this order is made
available to the said Respondent by the Petitioner.
ii. Let all the parties be heard.
iii. All rights and contentions of the parties are expressly kept open.
iv. The Petition is disposed of accordingly. No costs.
(AARTI SATHE, J.) (G. S. KULKARNI, J.)
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