Nageshwar Devidas Dhade v. The State of Maharashtra & Anr
Case Details
2025:BHC-AUG:18022-DB 913.WP.8343.2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8343 OF 2025 Nageshwar Devidas Dhade ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8350 OF 2025 Sharvari Rajeshwar Dhummalwar ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8352 OF 2025 Gaurav Narayan Birkale Through Guardian Narayan Gangadharrao Birkale Versus ...Petitioner The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8358 OF 2025 Shreya D/o Shankar Padalwar Minor Through Her Father Shankar Maroti Padalwar ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8363 OF 2025 Rohit Dnyaneshwar Jadhav ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents
Legal Reasoning
Shrikant Malani Page 1 of 6 913.WP.8343.2025.doc AND WRIT PETITION NO. 8362 OF 2025 Balaji Laxman Janglekar ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8364 OF 2025 Sanket Vishwanath Dandge ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8368 OF 2025 Sumit Baburao Poshetti Through His Natural Guardian Father Baburao Laxmanrao Poshetti ...Petitioner Versus The State of Maharashtra & Anr. ...Respondents AND WRIT PETITION NO. 8376 OF 2025 Anjali Ramdas Isankar Through Guardian Ramdas Sambhaji Isankar Versus ...Petitioner The State of Maharashtra & Anr. ...Respondents *** Mr. Chandrakant R. Thorat, for Petitioner. Mr. Deepak D. Choudhari, for Petitioner in WP/8363/2025 & WP/8364/2025. Mr. S. V. Hange, AGP for Respondents in WP/8343/2025, WP/8358/2025 & WP/8376/2025. Mr. S. K. Tambe, AGP for Respondents in WP/8350/2025 & WP/8362/2025. Shrikant Malani Page 2 of 6 913.WP.8343.2025.doc Mr. S. P. Sonpawale, AGP for Respondents in WP/8352/2025 & WP/8363/2025. Mr. V. M. Kagne, AGP for Respondents in WP/8364/2025. Ms. Neha B. Kamble, AGP for Respondents in WP/8368/2025. *** CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ. DATE : 11th JULY 2025. ORAL ORDER (PER - MANISH PITALE, J.) : 1. These petitions all seeks identical relief of directions to the respective respondent – Scrutiny Committee(s) for deciding pending caste/tribe claims of the petitioners in specified period of time, with some of the petitioners praying for a direction that their claims be decided within two weeks from today. 2. In a recent order passed by this Court (Coram : Ravindra V. Ghuge and Y.G. Khobragade, JJ.), on 23rd June 2025, certain pertinent observations were made with regard to the flood of matters before the Scrutiny Committees coming under the jurisdiction of this Bench of the Bombay High Court. The State was called upon to give data with regard to the number of such caste/tribe claims pending before the Scrutiny Committees within the jurisdiction of this Bench. Having obtained such data, the following observations were made in the said order. “14. Before parting with this matter, the learned AGP has Shrikant Malani Page 3 of 6 913.WP.8343.2025.doc tendered a Chart of pending cases before us. The same is taken on record and marked as ‘Y’ for identification. The Chart indicates that there are several districts which have been bundled up together and placed within the jurisdiction of a Single Committee, like for e.g. the Kinwat Committee sitting at Chhatrapati Sambhajinagar for Nanded, Hingoli, and Latur. There is a separate Committee for Chhatrapati Sambhajinagar. So also, there are few more such Committees who are vested with the jurisdiction of a couple of Districts. 15. We would appreciate if the State of Maharashtra takes a decision at the earliest, to constitute district- wise Committees in order to reduce the burden on a particular Committee which takes up matters for several districts. We are informed that the cases pending with the Kinwat Committee for Nanded, Hingoli and Latur Districts, is a total of 5934 matters up to April 2025. Several such matters have been cast with a timeline under the orders of the High Court. It is humanly impossible for this Committee to decide thousands of students matters in time frames like 2 months / 3 months / 4 months, etc. as directed by this Court.
Decision
16. As such, we direct the learned Registrar (Judicial) of this Court to place this order before the Chief Secretary of the State of Maharashtra. We request the Shrikant Malani Page 4 of 6 913.WP.8343.2025.doc Government of Maharashtra to initiate urgent steps for the constitution of district-wise Committees in order to reduce the burden on the existing Committees and to ensure that each district would then have a lesser load for deciding the matters expeditiously.” 3. We are of the opinion that the Chief Secretary of the Maharashtra State, must take urgent steps for constitution of District wise Scheduled Tribe Scrutiny Committees, as directed in the above quoted portion of the order of this Court, so that the persons seeking scrutiny and determination of their tribe claims do not rush to the Writ Court routinely asking for such directions to the Scrutiny Committee(s) for expeditious decision on their respective claims. 4. The Registrar (Judicial) shall place copy of this order also before the Chief Secretary of the Maharashtra State. We direct the Chief Secretary of the State of Maharashtra to place on record of this Court, through the Government Pleader assisting this Bench, a report as to within what time urgent steps will be taken for constitution of District wise Scheduled Tribe Scrutiny Committees, so that the burden on the existing Scrutiny Committees is reduced and the plight of the tribe claimants is also appropriately addressed. This will lead to the Shrikant Malani Page 5 of 6 913.WP.8343.2025.doc number of matters filed before this Bench for such directions being reduced, facilitating availability of time with this Bench to be devoted to more deserving and urgent matters. 5. We intend to dispose of all these petitions, nonetheless, the Chief Secretary of the State of Maharashtra shall submit the report placing on record the timeline within which such District wise Scheduled Tribe Scrutiny Committees shall be constituted. Such a report be placed before this Court within four weeks from today. 6. Having considered the contents of all these petitions, we dispose them of by directing the respective respondent – Scrutiny Committee(s) to consider and dispose of the claims of the petitioners, as expeditiously as possible. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Signed by: Shrikant Malani Designation: PA to Hon'ble Judge Date: 23/07/2025 16:23:36 Shrikant Malani Page 6 of 6