Gayantri D/O Yogesh Pawar v. The State Of Maharashtra Dept Of Tribal Development Throu. Its Sec ANR ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10908 OF 2025 Gayatri Yogesh Pawar .. Petitioner Vs.
State of Maharashtra & Ors.
.. Respondents Mr. Sahil Choudhari h/f Mr. Sushant Yeramwar, for the Petitioner. Mr. S.B. Kalel, AGP for Respondent Nos.1 and 2-State. Ms. Sheetal Ulhas Malvankar, for Respondent No.3-State CET Cell CORAM : SHREE CHANDRASHEKHAR & MANJUSHA DESHPANDE, JJ DATE : 14th AUGUST 2025.
P.C. :
The petitioner stating that she has been granted admission in Bharati Vidyapeeth's College of Fine Arts at Pune under Scheduled Tribe category is aggrieved by delay in issuing Certificate of Validity so as to enable her to take admission on or before 14th August 2025. 2.
The State Common Entrance Test Cell headed by the Commissioner is represented through Ms. Sheetal Malvankar, the learned counsel.
3.
The difficulty faced by the petitioner seems to be genuine and there is a likelihood of the petitioner suffering irreparable loss in the event she is not able to take admission in the respondent no.4-College. 4.
That was a reason a detailed order was passed on 8th August 2025 putting it to the knowledge of the Scheduled Tribe Scrutiny Committee that there has been an inordinate delay in disposing of the petitions pending before the said Committee. On 8th August 2025, the following order was passed by this Court:
"After having dealt with more than 20 matters, we have formed a prima facie opinion that there is inordinate delay in disposing of the petitions before the Scheduled Tribe Certificate Scrutiny Committee. 2.
Liberty is granted to serve a copy of this order upon the office of 1/3
the Scheduled Tribe Scrutiny Committee (hereinafter referred to as "the Committee" for short). Before the next date of hearing, the Joint Commissioner of Schedule Tribe Certificate Scrutiny Committee shall file an affidavit giving details of the petitions pending before the Committee in a tabular form indicating the stage of hearing in each petitions. 3.
The learned counsel for the petitioner states that the petitioner is required to submit validity certificate by 14th August 2025.
Mr.Siddheshwar Kalel, the AGP for the respondent-State has brought to our notice an order passed by the Hon'ble Supreme Court in case of "Dilip Vitthal Bambale & Ors. Vs. Vinitkumar Motiram Totlod & Ors." (In Civil Appeal Nos.11234-48 of 2017 arising out of SLP(C) No.20210-2024 of 2017) 4.
However, the Management of Bharati Vidyapeeth's College of Fine Arts, Pune-Satara Road, Pune-respondent no.4 shall take note of pendency of this writ petition in this Court and shall not take any adverse decision.
5.
Post the matter on 14th August 2025."
5.
An affidavit sworn by Ramchandra Ratilal Sonkavade who is occupying the post of Joint Commissioner of Scheduled Tribe Certificate Scrutiny Committee at Pune is tendered in the Court. 6.
Taken on record.
7.
In this affidavit, statements have been made to the effect that (i) the applicants requested adjournment due to personal reasons; and (ii) the Committee shall be handing over the matter to the Vigilance Cell for conducting inquiry as to home, school, revenue and other relevant aspects.
8.
The statements made in this affidavit are highly unsatisfactory and at this stage this Court is not inclined to make any observation except to indicate that in all the cases this could not have been the reason that the decision has not been taken because adjournments are taken by the applicants. The statements made in this affidavit prima facie seems to be incorrect. Therefore, a direction is issued to the Committee to hand over the records to the Vigilance Cell, if already not submitted, in all such cases in which the applicant seems to be a 2/3
student, forthwith.
9.
As to this writ petition, a further direction is issued to the Committee to post the matter for hearing on 19th August 2025 and take a decision on or before 29th August 2025. Let a compliance report be filed in this matter on 2nd September 2025.
10.
Post this matter on 2nd September 2025. Till then, the respondent no.3 shall keep one seat under Scheduled Tribe Category vacant so as to enable the petitioner to take admission provided she qualifies and validation of her Caste Certificate is made in her favour. 11.
A further affidavit shall be filed by the Joint Commissioner giving details of the date of filing and the period since when the matters are pending before the Committee.
[ MANJUSHA DESHPANDE, J. ] [ SHREE CHANDRASHEKHAR, J. ] 3/3