Nitin Sureshrao Chitale v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:976-DB 1 937 WP 242-26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 WRIT PETITION NO. 242 OF 2026 NITIN SURESHRAO CHITALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondent-State ....

CORAM : SANDIPKUMAR C. MORE AND ABASAHEB D. SHINDE, JJ.

DATED : 09/01/2026 P. C. :

1.

Heard.

2.

In this writ petition, the petitioner has put forth the following reliefs:

"B) The respondent No.2 committee may kindly be directed to issue the tribe validity certificate of Mannervarlu Scheduled Tribe to the petitioner, at earliest.

C) The respondent Nos.3, 4 and 5 may kindly be restrained from taking any adverse action against the petitioner and also from terminating the services of the petitioner for non-submitting the Tribe Validity Certificate of petitioner, as the tribe claim of the petitioner is pending before the respondent No.2 committee."

2 937 WP 242-26 3.

Though the learned counsel for the petitioner submits that, in light of the fact that the close blood relatives of the petitioner have been granted tribe validity certificates by this Court, the tribe validity certificate ought to be granted straightaway to the petitioner by this Court, we are afraid that such a course cannot be adopted.

4.

We find that the power to issue a tribe validity certificate is vested exclusively in Respondent No. 2, i.e., the Scheduled Tribe Certificate Verification Committee. Merely because this Court has granted tribe validity certificates to the blood relatives of the petitioner cannot be a ground for granting a tribe validity certificate to the petitioner in exercise of jurisdiction under Article 226 of the Constitution of India, more so when the petitioner's tribe claim is already pending before respondent No.2 / Caste Scrutiny Committee, learned counsel for the petitioner, therefore, restricted his prayer for seeking a direction to Respondent No. 2 / Caste Scrutiny Committee to decide the petitioner's tribe claim expeditiously.

4.

Considering the fact that the petitioner is in employment and apprehends termination of his services, we direct respondent

3 937 WP 242-26 No.2 / Caste Scrutiny Committee to decide the tribe claim of the petitioner as expeditiously as possible and in any case, within a period of six months from today.

5.

Till the tribe claim of the petitioner is decided, the employer(s) of the petitioner shall not take any coercive action against the petitioner.

6.

The petitioner shall extend full co-operation in the process of deciding the tribe claim.

7.

Needless to state that the protection granted by this Court shall remain in operation only till the tribe claim of the petitioner is decided and the petitioner shall not claim any equities on the basis of this order.

8.

With these directions, the writ petition stands disposed of. ( ABASAHEB D. SHINDE, J. ) ( SANDIPKUMAR C. MORE, J. ) VS Maind/-