IMPORTANT POINT
In inter-caste marriages, the determination of a child's caste is a factual question that must consider the child's upbringing and the community of the mother, allowing for the possibility of claiming the mother's caste despite the father's caste.

JUDGMENT/ORDER

G.S.KULKARNI, J. - Rule. Rule made returnable forthwith. By consent of the parties, heard finally.

2. The question which falls for consideration is, whether the Designated Authority was correct in discarding the petitioner's entitlement to a caste certificate issued to him as belonging to the reserved category, that of his biological mother, and not being foisted with the caste of his father, who belonged to the forward community.

3. This petition filed under Article 226 of the Constitution of India challenges an order dtd. 26/2/2021 passed by the Mamlatdar, Dadra and Nagar Haveli, Silvassa, whereby the Mamlatdar has declared that the petitioner is not entitled to hold the caste certificate dtd. 16/10/2014 issued to him as belonging to "Hindu Chamar" caste, recognized as a Scheduled Caste under the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962 and accordingly cancelled the caste certificate issued to the petitioner, on the ground that he belongs to the general category.

4. The petitioner's case is that on the petitioner and his mother being deserted by his father at the age of four years, he was brought up by his mother. The petitioner contends that accordingly his entire upbringing was not as a member of a family belonging to a forward community as at all material times, he lived as a member of the Hindu Chamar community. Even in the school record of the petitioner, it is recorded that the petitioner belongs to "Hindu Chamar" Caste, recognized as a Scheduled Caste. To support such contention, the petitioner relied on a certificate issued by Shree Rohit Samaj Mitra Mandal, Silvassa certifying that petitioner's mother Smt. Meena Jagubhai Patel (daughter of Shri Jagubhai Narsinhbhai Rohit) belonged to the "Hindu Chamar" caste, which was recognized as a Scheduled Caste under the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962. It records that petitioner's mother - Meena Jagubhai Patel had an inter-caste marriage with the petitioner's biological father who did not belong to the reserved category, and from such marriage, Nikhil (petitioner) was born. It also certifies that Smt. Meena was deserted by her husband, after the birth of the child and since then Smt. Meena along with her son was staying at her father-Jagubhai Narsinhbhai Rohit's house, hence the petitioner is born and brought up in the community as a Hindu Chamar, as also is following the customs and traditions of the said community. According to the petitioner, several documents were placed on record of the Mamlatdar, which according to him, clearly indicated that the petitioner ought to have been granted the benefit of caste certificate dtd. 16/10/2014 which was validly issued to the petitioner.

5. It is the petitioner's case that Smt. Meena - petitioner's mother was remarried to one Mr. Prakash Bhavsar, petitioner's stepfather (since deceased), against whom the petitioner registered a complaint with the Silvassa Police Station, bearing FIR No. 115 of 2019 for misappropriation of his mother's money. The petitioner contends that as a counterblast a complaint was filed by Mr. Prakash Bhavsar, against the petitioner with the Superintendent of Police, in regard to the caste certificate issued to the petitioner, inter alia stating that the petitioner does not belong to the Scheduled Caste but belongs to the general category, as the petitioner's biological father belonged to the open category. The complaint was referred to the Mamlatdar for an enquiry.

6. In the above circumstances, a show cause notice was issued to the petitioner by Mamlatdar calling upon the petitioner to submit documents on regard to the complaint. It is in these circumstances, the Mamlatdar considering these documents, passed the impugned order dtd. 26/2/2021 cancelling the caste certificate issued to the petitioner. The impugned order is required to be noted, which reads thus:

<WXY>"O R D E R Whereas, a Caste Certificate bearing No. RD/GNL/Caste Certi