Sojwal S/O Dilip Bharde v. The S.T. Caste Certificate Scrutiny Committee, Thr. Member -Secretary,Nagpur And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5039 OF 2025 (Sojwal Dilip Bharde Vs. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. Ashwin Deshpande, Advocate for the petitioner. Mr. A.S.Fulzele, Addl.GP for respondents-State. Mr. N.A. Gaikwad, Advocate for respondent-CET. CORAM :- SMT. M.S. JAWALKAR A ND RAJ DAMODAR WAKODE, JJ.

DATED :- SEPTEMBER 03, 2025.

Issue notice to the respondents.

2.

Learned AGP waives notice for respondent No.1/State.

3.

Learned counsel Mr. N.A. Gaikwad waives notice for respondent No.3.

4.

The present petition is filed for direction to the respondent No.1-Caste Certificate Scrutiny Committee, Nagpur to decide the caste claim of the petitioner within stipulated period.

5.

The petitioner also sought interim relief restraining respondent No.3 - State Common Entrance Test Cell, Mumbai not to cancel the admission given to the petitioner from Scheduled Tribe category for want of submission of Validity Certificate. The petitioner obtained caste certificate from

Sub-Divisional Officer, Hinganghat dated 07/02/2020 of Mana Scheduled Tribe. The Proposal for Validity submitted on 24/06/2024 along with the necessary documents, i.e. old documents prior to 1950 submitted by the petitioner to the respondent No.1-Caste Certificate Scrutiny Committee. 6.

Mr. Gaikwad, learned Counsel for State CET Cell, Maharashtra State, Mumbai strongly opposed for granting interim relief to the petitioner and submits that the Hon'ble Apex Court has already held that the protection of such admissions is contrary to the interest of the students at large. He relied on the order passed by the Hon'ble Apex Court in the case of Dilip Vitthal Bambale and ors. Vs. Vinitkumar Motiram Tatlod and ors. In Civil Appeal Nos.11234-48 of 2017 (arising out of SLP (C) Nos.20210-20224 of 2017) and has submitted that as the validity are not received by the present students it would not be in the interest of other candidates belonging to reserve category to allow these students to occupy reserve seats. 7.

The petitioner was alloted the college i.e. MIT Academy of Engineering, Alandi, Pune; however, it appears that the admission was subject to production of Validity Certificate, however it is not under the control of the petitioner. 8.

In view of the decision of the Full Bench of the Hon'ble Apex Court in the case of Shreyash Ajay Ghormare Vs. The Scheduled Tribe Certificate Scrutiny Committee in Special Leave to Appeal (C) Nos.17206-17207/2023 wherein it is held as under:

"Having heard learned counsel for the parties and considering the fact that the petitioner had a Scheduled Tribe Certificate as a member of the Mana Scheduled Tribe in the State of Maharashtra, we direct the concerned authorities to admit him provisionally based on his rank, if he is otherwise eligible for the Scheduled Tribe Category without insisting on certificate from the Scheduled Tribe Certificate Scrutiny Committee. He must, however, fulfill other eligibility criteria for such admission. We are passing this order considering the submission of the petitioner that today is the last day for admission in the course and this order is being passed without prejudice to the rights and contentions of the parties. The petitioner shall not be entitled to claim any equity in the event, the matter is ultimately decided against him."

9.

In view of the restricted relief to issue direction to respondent No.1 to decide the caste claim of the petitioner, the petition needs to be allowed. Hence, the petition is allowed. 10.

Respondent No.1 is hereby directed to decide the tribe claim of the petitioner within a period of three weeks. 11.

Respondent No.3 - State Common Entrance Test Cell, Mumbai is directed not to cancel the admission of the petitioner from Scheduled Tribe category till the result of the Caste Scrutiny Committee.

12.

The direction not to cancel the admission given to the petitioner till result of Caste Scrutiny Committee is binding

on respondent No.2 also and in view of this direction, there is no necessity to issue separate direction to respondent No.2. 13.

The petitioner shall appear before the Caste Scrutiny Committee, Nagpur on 08/09/2025.

14.

The petition stands disposed of.

15.

The learned AGP as well as learned Counsel for the petitioner shall communicate this order to the Caste Scrutiny Committee, Nagpur.

16.

Copy of this order be furnished to the parties to act upon.

(RAJ DAMODAR WAKODE, J.) (SMT. M.S. JAWALKAR, J.) *Divya