Geeta Vyankatrao Koli v. The State Of Maharashtra Through Its Secretary And Others

1 31.WP.3005.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3005 OF 2026 GEETA VYANKATRAO KOLI

VERSUS

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

Advocate for the Petitioner : Mr. Jadhavar Pratap V. AGP for Respondent/State : Ms. Chaitali Chaudhari Kutti Advocate for Respondent No.4 : Mr. M.D. Gitte ...

CORAM

: SANDIPKUMAR C. MORE & ABASAHEB D. SHINDE, JJ.

DATE : 23.03.2026 PER COURT (ABASAHEB D. SHINDE) :

1.

Heard. Rule. Rule is made returnable forthwith. With the consent of the parties, the writ petition is taken up for final hearing at the stage of admission.

2.

By this writ petition under Article 226 of the Constitution of India, the petitioner has put forth following prayers : "A.

This Writ Petition may kindly be allowed;

B.

By way of an appropriate writ, order or direction in like nature thereby direction the respondent No.2 scrutiny committee may kindly be directed to decide the tribe claim of the petitioner as early as possible.

C.

By issuing appropriate writ, order or direction in like nature, may kindly issue direction against the respondent No.3 & 4 employer to issue appointment order in favour of

2 31.WP.3005.26.odt the petitioner as Graduate Teacher.

D.

By issuing appropriate writ, order or direction in like nature, the respondent/employer not to cancel the selection of petitioner only on the ground non-submission of validity certificate.

E.

Pending hearing and final disposal of this Writ Petition, may kindly issue direction against the respondent No.3 & 4 employer to issue appointment order in favour of the petitioner as Graduate Teacher.

F.

Ad-interim relief in terms of prayer clauses "E" as mentioned above may kindly be granted;"

3.

Learned counsel for the petitioner and the learned counsel for respondent Nos.3 and 4 are ad idem that the issue involved in this writ petition is squarely covered by the judgment of this Court delivered on 23.01.2026 in the case of Shivraj Balasaheb Talware Vs. The State of Maharashtra and Ors.; Writ Petition No.11010/2025 with connected writ petition, wherein, this Court after relying on the earlier judgments delivered by this Court in similar writ petition, has allowed the said writ petition thereby directing the employer to issue provisional appointment orders subject to outcome of the tribe claim of the petitioners therein. In that view of the matter, we adopt the same course and pass the following order :

ORDER

(a) The pending claim of the Petitioner, of belonging to "Koli Mahadev"

Scheduled Tribe Categories, with

3 31.WP.3005.26.odt Respondent/Scrutiny Committee, shall be decided within three months from today.

(b) Petitioner would tender his email addresses and WhatsApp cell number, without any mistake, to the Competent Committee, within ten days from today.

(c) Correspondence in connection with this pending proposal between the Petitioner and the Committee, would be permissible through email and WhatsApp.

(d) If any e-mail or WhatsApp number is found to be erroneous, the Petitioner will not be entitled to raise any grievance on the ground that he did not receive any communication from the Committee.

(e) The Petitioner shall render wholehearted cooperation to the Committee and shall refrain from seeking adjournments on unreasonable or trivial ground, else, the Committee would be justified in progressing to the further stages in the proceeding.

(f) Considering the law laid down in Shrikant Chandrakant Saindane Vs. State of Maharashtra and Ors. reported in 2012 (1) Mh.L.J., 787, the concerned Zilla Parishad or the concerned Educational Institution would proceed to issue

4 31.WP.3005.26.odt the appointment order of Graduate Teacher to the Petitioner.

(g) We direct, that this Petitioner would not be confirmed in employment and would not be eligible for any further service benefits, except his salary as a Graduate Teacher, until her claim is validated either by the Committee or by any Court. This direction is issued with the consent of the Petitioner.

(h) The Petitioner shall serve a copy of this order on the Chief Executive Officer of the concerned Zilla Parishad or the concerned Educational Institution, as the case may be, within 15 days from today.

(ABASAHEB D. SHINDE, J.) (SANDIPKUMAR C. MORE, J.) habeeb/