Rahul S/O Bandu Bagde vs the State of Maha., Thr. Secretary, Tribal Development Dept., Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

Rahul S/O Bandu Bagde vs the State of Maha., Thr. Secretary, Tribal Development Dept., Mumbai and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with direction to respondent No.2 – Scheduled Tribes Certificate Scrutiny Committee, Chandrapur to decide the petitioner's tribe claim in accordance with law, preferably within six months from receipt of the order; interim protection restraining respondent No.3 from coercive action regarding the petitioner's service to continue until final adjudication of the tribe claim; no order as to costs.

Issue for consideration

Whether the communication dated 17.12.2025 issued by respondent No.3 should be quashed and set aside. +1 more

Ratio / Principle

Accepting and taking on record the Assistant Government Pleader's statement that the petitioner's pending tribe claim shall be decided expeditiously and in any event within six months, the Court deemed it appropriate to dispose of the petition by directing respondent No.2 – Scheduled Tribes Certificate Scrutiny Committee, Chandrapur to decide the petitioner's tribe claim in accordance with law, as expeditiously as possible and preferably within a period of six months from the date of receipt of the order.

Key takeaways

Till the petitioner's tribe claim is finally adjudicated by respondent No.2, the interim protection granted by the Court restraining respondent No.3 from taking any coercive action against the petitioner in respect of his service shall continue to operate.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Writ Petition No.248 of 2026 (decided 09/06/2026; Coram: Urmila Joshi-Phalke & Nivedita P.Mehta, JJ.). Petitioner Rahul s/o Bandu Bagde challenged a communication dated 17.12.2025 issued by respondent No.3, seeking its quashment and setting aside. It was not in dispute that the petitioner's tribe claim was pending adjudication before respondent No.2 – Scheduled Tribes Certificate Scrutiny Committee, Chandrapur, and interim protection restraining respondent No.3 from coercive action affecting the petitioner's service had been operating since notice stage. On the Assistant Government Pleader's statement (accepted and taken on record) that the pending tribe claim would be decided expeditiously and within six months, the Court disposed of the petition, directing the Committee to decide the tribe claim in accordance with law, as expeditiously as possible and preferably within six months from receipt of the order, and ordered that the interim protection continue until final adjudication of the tribe claim. No order as to costs.

14 wp248.26

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR

WRIT PETITION NO.248 OF 2026 Rahul s/o Bandu Bagde

..vs..

The State of Mah., thr.its Secretary, Tribal Development Department, Mantralaya, Mumbai and ors

............................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders

Shri Shankar Borkute, Counsel for the Petitioner. Shri A.A.Madiwale, AGP for Respondent Nos.1 and 2. Shri S.D.Zoting, Counsel for Respondent No.3.

CORAM : URMILA JOSHI-PHALKE & NIVEDITA P.MEHTA, JJ . DATE : 09/06/2026

Heard learned counsel for the parties.

By the present writ petition, the petitioner has challenged

the communication dated 17.12.2025 issued by respondent No.3 and seeks its quashment and setting aside.

It is not in dispute that the petitioner's tribe claim is presently pending adjudication before respondent No.2 – Scheduled Tribes Certificate Scrutiny Committee, Chandrapur.

While issuing notice in the present petition, this Court had granted interim protection and directed respondent No.3 not to take any coercive action affecting the service conditions of the petitioner.

The said interim protection has continued to operate till date.

.....2/-

14 wp248.26

2

Learned Assistant Government Pleader Shri A.A.

Madiwale, appearing for respondent Nos.1 and 2, on instructions, submits that the pending tribe claim of the petitioner shall be decided expeditiously and, in any event, within a period of six months from today.

In view of the aforesaid statement, which is accepted and taken on record, we deem it appropriate to dispose of the petition by directing respondent No.2 – Scheduled Tribes Certificate Scrutiny Committee, Chandrapur, to decide the petitioner's tribe claim, in accordance with law, as expeditiously as possible and preferably within a period of six months from the date of receipt of this order.

Till the petitioner's tribe claim is finally adjudicated by respondent No.2, the interim protection granted by this Court restraining respondent No.3 from taking any coercive action against the petitioner in respect of his service shall continue to operate.

The writ petition is accordingly disposed of in the aforesaid terms. No order as to costs.

JUDGE JUDGE

!! BrWankhede !!

Signed by: Mr. B. R. Wankhede Designation: PS To Honourable Judge Date: 10/06/2026 10:21:22

...../-