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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
RAVINDRA V. GHUGE, SANJAY A. DESHMUKH, JJ.
Pragati d/o Prabhu Shinde – Appellant
Versus
The State of Maharashtra – Respondent
Writ Petition No.11403 of 2022
Decided on : 14-12-2022
CASTE CERTIFICATE - VALIDITY - MOTHER'S SOCIAL STATUS - PECULIAR CIRCUMSTANCES - COURT ANALYSIS AND CONCLUSION - In a peculiar case where the mother of the petitioner was abandoned by her husband and returned to her parents' home in Nanded, the court held that the petitioner could rely on the documents from her maternal side to establish her social status as belonging to the Mahar scheduled caste category. The court relied on the judgment in Rameshbhai Dabhai Naika vs. State of Gujarat and others, (2012) 3 SCC 400, to hold that if the mother is rendered a destitute and single on account of any marital discord or is factually residing as a single mother, the peculiar circumstance in which the mother is living, has to be considered as a basis for granting the social status to the child of such a mother.
Fact of the Case:
The petitioner's mother was born and brought up in Nanded, Maharashtra. She married Prabhu Sharannappa Shinde, a resident of Bidar, Karnataka. Within two years of the marriage, the petitioner's father separated from her mother and returned to Bidar along with another woman. The petitioner's mother started living with her parents within two years of the marriage. The petitioner was born in Nanded in her maternal home. The petitioner received a caste certificate of belonging to “Mahar” Scheduled Caste category from the competent authority at Nanded. The petitioner has taken education in a professional degree course i.e. Engineering and presently possesses a degree of Bachelor of Engineer. For further education purposes and employment, she had applied to respondent No.4 Committee for seeking validity certificate. Considering the bifurcation of jurisdiction, the matter was transferred to respondent No.3, committee at Nanded. By the impugned order dated 17.01.2019, the petitioner’s caste certificate dated 26.08.2014, was declared as bad in law and was cancelled. The petitioner is directed to acquire the caste certificate on the basis of the record of her father from the State of Karnataka. She is also directed to approach the competent authority at Karnataka to seek validity certificate.
Finding of the Court:
The court held that the petitioner's caste certificate bearing No. 6514 dated 26.08.2014 is rendered legal and appropriate and the direction of cancelling the said certificate is quashed and set aside. The court also held that the petitioner's proposal for seeking validity, which has been discarded by the committee, shall stand restored and the committee shall proceed from the stage at which it was rejected. The petitioner would render co-operation for an early decision in the said proceedings and the committee shall deliver it’s order on or before 15.04.2023.
Issues: Whether the petitioner can seek a validity certificate of belonging to the ‘Mahar’ Schedule Caste Category and draw advantages of reservation in the State of Maharashtra.
Ratio Decidendi: The court relied on the judgment in Rameshbhai Dabhai Naika vs. State of Gujarat and others, (2012) 3 SCC 400, to hold that if the mother is rendered a destitute and single on account of any marital discord or is factually residing as a single mother, the peculiar circumstance in which the mother is living, has to be considered as a basis for granting the social status to the child of such a mother.
Final Decision: The petition is allowed. The impugned order dated 17.01.2019 is quashed and set aside. The petitioner’s caste certificate bearing No. 6514 dated 26.08.2014 is rendered legal and appropriate and the direction of cancelling the said certificate is quashed and set aside. The petitioner’s proposal for seeking validity, which has been discarded by the committee, shall stand restored and the committee shall proceed from the stage at which it was rejected. The petitioner would render co-operation for an early decision in the said proceedings and the committee shall deliver it’s order on or before 15.04.2023.
JUDGMENT :
Ravindra V. Ghuge, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. On 29.11.2022, we had considered the submissions of the learned advocate, Shri Zakade, on behalf of the petitioner and had passed the following order:-
2. We find peculiar facts involved in this case as under:
(a) The petitioner’s mother is born and brought up in Nanded. She got married to Prabhu Sharannappa Shinde, a resident of Bidar.
(b) Within two years of the marriage, it is alleged that the father of the petitioner separated from her mother by travelling to Saudi Arabia and returned to settle down in Bidar along with another woman.
(c) Marital litigation between the parties is pending before the Courts at Nanded.
(d) The mother of the petitioner started living with her parents within two years of the marriage.
(e) The petitioner was born and brought up in Nanded.
3. The issue raised is as to whether the petitioner can seek a validity certificate of belonging to the ‘Mahar’ Schedule Caste Category and draw advantages of reservation in the State of Maharashtra.
4. Considering the conspectus of the matter, we felt and desired that the learned Senior Advocate Shri. V.D. Sapkal would assist the Court, and therefore, we have appointed him as Amicus Curie. Shri. V.D. Sapkal has graciously consented.
5. Issue notice to the respondents, returnable on 14.12.2022. The learned AGP waives service of notice on behalf of all the respondents.
6. This matter would be called out at 2:30 pm, on 14.12.2022.”
3. The learned senior advocate, Shri Sapkal, appeared as amicus curiae and has assisted the Court on the following issue:-
4. The learned amicus curiae submits, after perusing the petition paper book, that the cause of action brought before this Court by the petitioner is on account of the order of respondent No.3, which has declared the petitioner’s caste certificate, dated 26.08.2014, as being invalid since it is based on the documents produced by the petitioner from her maternal side.
5. Before we appreciate the submissions of the learned amicus curiae, we need to advert to the social status of the petitioner and her mother, on account of which the cause of action has arisen. The mother of the petitioner, Smt. Alka Nilkanth Zakade, (maiden name), was born and brought up in Nanded, in the State of Maharashtra. She married Prabhu Sharanappa Shinde, within her caste, who is resident of Shahgunj, Bidar, State of Karnataka. They got married at Bidar in 1996. The petitioner was born on 20.12.1998, at Nanded in her maternal home. The father of the petitioner had been to Saudi Arabia for a job and after returning from the said place, he settled down in Bidar. He then started residing with another lady. In a period of less than three years of marriage, the petitioner’s mother was driven out of her matrimonial house and she had to return to Nanded. The litigation journey between the mother and her father, with reference to their matrimonial discord, commenced and the said litigation continued till 28.04.2018, when the father of the petitioner died in the State of Karnataka.
6. The petitioner received a caste certificate of belonging to “Mahar” Scheduled Caste category from the competent authority at Nanded. The petitioner has taken education in a professional degree course i.e. Engineering and presently possesses a degree of Bachelor of Engineer. For further education purposes and employment, she had applied to respondent No.4 Committee for seeking validity certificate. Considering the bifurcation of jurisdiction
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