Avinash Vitthal Kamble v. The State Of Maharashtra Through Its Secretary And Others

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 REKHA PRAKASH 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