1986 Supreme(AP) 93

Andhra Pradesh High Court
Judges : K.RAMASWAMY
A.S.Sailaja - Appellant
Versus
Principal, Kurnool Medical College, Kurnool - Respondent
Decided On : 02-19-86

Headnote:

Adoption under the Hindu Adoptions and Maintenance Act (78 of 1956) is valid and the adopted child shall be deemed to be the adoptive daughter of B. Sivaramaiah "for all purposes". However, for the purpose of the Constitution, under Articles 14, 15 (4) and 16 (4), the adopted child must satisfy not only that he or she belongs to the particular homogeneous group or class or tribe but also become a member of the homogeneous group or class or tribe, also had suffered or subjected to all the disadvantages of handicaps which the members of the homogeneous group, class or tribe, are subjected to or have undergone or is undergoing.

Fact of the Case:

The petitioner, A. S. Sailaja, is the daughter of A. S. Radhakrishna, an advocate of Cuddapah in Andhra Pradesh. She was born on 21/02/1967, brought up and was educated by her natural father till 16/03/1985 and she passed her Intermediate in March 1984 with English as medium of instruction. She appeared for the common entrance examination for 1984-85 examination she secured 471 marks out of 600. In her application for admission dated 13/07/1985, she stated her name as Ayyala Somayagula Sailaja. Her natural father A. S. Radhakrishna. In the Column 10 (b), "the name of the guardian, if father is not alive", she described. B. Sivaramaiah (adopted father ). In Column 11, regarding the occupation of the parent, she stated that it does not arise. In Column 14, with regard to "social status" in Clause (ii) thereof, she described as Yadava (Golla) Serial No. 33, D Class. To Clause (iii), "whether she claimed earlier and enjoyed any educational concession", she stated "not claimed". In Column 16,"whether the candidate applied earlier and if so, give all details of all attempts for M. B. B. S. "and in clause (iv), "social status claimed", she stated that on the previous occasion she applied for and she did not claim her social status and she was not selected. In the column "official Address" she has given the address of her natural father and in the column "residential Address" she has given as C/o Bangarugari Sivaramaiah, Ramanajupalle Post, Cuddapah Taluk and District. She enclosed a photostat copy of the registered adoption deed dated 11/07/1985 and two photostat copies one issued by the Village Munsif dated 15/02/1982 to the effect that Sivaramaiah is a Yadava (Golla - Shepard) by caste; he adopted the petitioner on 11/02/1982 and the petitioner belongs to shepard community and in the certificate dated 1/01/1983, the V. M. stated that B. Sivaramaiah is Yadava by caste from generation to generation. He did not mention anything regarding the adoption of the petitioner.

Finding of the Court:

The petitioner, though appears to have been adopted by a Shepard (Backward Class) which is prima facie proved by the registered document, she is entitled to walk in the family of adoptive father for the purpose of personal law. But the adoption is motivated one. She did not assimilate herself to be a member of the homogeneous Backward Class group nor she suffered any handicaps nor ignominy. She is not socially and educationally backward and cannot have best of both the words. As a result, she is ineligible to claim the protection of Article 15 (4) for admission as a candidate belonging to Backward Class Group D. But however, if she acquires any right under the personal law, she is entitled to all such rights, if any.

Issues: Whether the petitioner, who had all the advantages in natural family social, cultural and educational advantaged life, an adoption at just completion of 15 years to a Shepard, could be considered to be a Backward Class citizen within the meaning of Art. 15 (4) of the Constitution.

Ratio Decidendi: An adoption under the Act is personal the purpose of S. 12 is that he or she becomes completely a member of the adoptive family "for all that purposes" -- be it for a religious or secular purpose, but "for the purpose of the Constitution", under Articles 14, 15 (4) and 16 (4), the adopted child must satisfy not only that he or she belongs to the particular homogeneous group or class or tribe but also become a member of the homogeneous group or class or tribe, also had suffered or subjected to all the disadvantages of handicaps which the members of the homogeneous group, class or tribe, are subjected to or have undergone or is undergoing.

Final Decision: Writ petition dismissed, but in the circumstances, without costs.