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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
RAVINDRA V. GHUGE, ASHWIN D. BHOBE, JJ.
Swanubhuti Jeevraj Jain - Petitioner
Versus
The State of Maharashtra - Respondent
Writ Petition No. 9195 of 2024
Decided On : 10-02-2025
(A) Constitution of India - Articles 14, 15, and 25 - Caste certificate application - The petitioner sought a caste certificate based on her mother's caste, which was rejected by authorities - The court emphasized the need for proper scrutiny and verification of records in such matters - The petitioner was found to have lived with her father, who belongs to an open category, and her claims were deemed self-serving - The court highlighted that the presumption of caste follows the father unless substantial evidence indicates otherwise. (Paras 7, 8, 10, 18, 19)
(B) Caste Certificate - Eligibility criteria - The court reiterated that a child of a forward caste father must demonstrate deprivation and upbringing solely by the mother from a backward community to qualify for a caste certificate based on the mother's status. (Paras 14, 15)
(C) Administrative Guidelines - The court suggested that the State Government consider amending the Aaple Sarkar portal to allow applicants to enter details of their mother's caste. (Paras 20)
Facts of the case:
The petitioner, a 30-year-old woman, applied for a caste certificate based on her mother's caste after her application was rejected. She lived with her father, who is from an open category, and her mother, who is a homemaker.
Findings of Court:
The court found that the petitioner attempted to mislead the court regarding her upbringing and social status, and her application was dismissed for lack of merit.
Issues: The main issues were whether the petitioner could claim a caste certificate based on her mother's caste and the validity of her claims regarding her upbringing.
Ratio Decidendi: The court ruled that the presumption of caste follows the father unless the child can prove substantial deprivation and upbringing solely by the mother from a backward community.
Result: Petition dismissed.
JUDGMENT :
(RAVINDRA V. GHUGE, J.)
1. Leave to correct the description of Respondent No. 5, in order to mention the Department of Social Justice and Special Assistance, through its Secretary. Correction to be carried out forthwith.
2. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
3. The Petitioner has put forth prayer clauses 5.1, 5.2, 5.3, 5.4, 5.5 & 5.6, as under :
“5.1 The Hon'ble Court may be pleased to issue writ of mandamus/guidelines in favor of the petitioner and grant her caste certificate on the basis of her mother's caste.
5.2 The Hon'ble Court may be pleased to issue writ of mandamus to Respondent No. 1 directing them to amend Form -1 of the said rules allowing the citizen to enter the details of their mother's caste for availing the caste certificate.
5.3 The Hon'ble Court may be pleased to issue writ of mandamus Respondent No.6 directing them to amend the Aaple Sarkar Portal allowing the users to enter the details of their mother's caste for availing the caste certificate.
5.4 That this Hon'ble Court be pleased to hold that the Application that was rejected by the Maharashtra state is violative of Article 14 and Article 15 of the Constitution of India.
5.5 The Hon'ble Court be pleased to declare that under Article 25 of the Constitution of India every Indian citizen has a right to practice and propagate a religion of his own choice and a citizen cannot be forced to follow any particular religion.
5.6. That this Hon'ble court be pleased to pass appropriate writ to the Res no. 2 and 5 to bring necessary changes in the Said Act and Said rules so as to remove the present anomalies.”
4. The Petitioner is a 30 years old lady. Her father belongs to the Jain community which falls in the open category. Her mother is Mrs. Lata Jeevraj Jain, claims to be belonging to Shimpi Community (from her paternal side) falling in the OBC category. The Petitioner applied for seeking a caste certificate on the basis of her mother’s caste. The said application has been rejected by the Authorities.
5. The Petitioner tried to upload an online application on the Web portal of the State Government, known as “Aaple Sarkar”. However, she could not complete the application and upload it since she prayed for a caste certificate on the basis of her mother's caste. “Aaple Sarkar” Web Portal accepts only the details of the father. Hence, it is prayed that a direction be issued not only to grant a caste certificate to the Petitioner based on her mother’s caste, but the Government be directed to modify “Aaple Sarkar” Web Portal and give a choice to the candidates for tendering details of the caste/social status even by relying upon the mother’s status.
6. We are summarizing the averments made by the Petitioner in this Petition, as under :
(a) The Petitioner’s father does not believe in any caste system.
(b) The Petitioner’s father is a follower of Baba Amte and he is highly influenced by the thoughts of the Late Baba Amte.
(c) The Petitioner has been staying with her mother in her mother’s village ever-since she was born.
(d) Because of the father’s belief that there is no caste system, he participated in a march from Kanyakumari to Kashmir, in 1985-1986 and Arunachal Pradesh to Okha, Gujarat, in 1988-1989.
(e) He married the Petitioner’s mother in early 1990.
(f) The Petitioner was born on 31.05.1994 at Taluka Jafrabad, District Jalna.
(g) Her father’s permanent address is Flat No. 21, Building No.3, Raisoni Park, Gultekadi, Opposite Market Yard, Pune.
(h) The Petitioner’s mother is a home maker and has no source of income.
(i) She studied in Class 4 to Class-9, at CBO Mary School, at Nashik, when her father was posted due to his service in Bank of Maharashtra. She took her education in the 10th Standard at NMV School in Pune, 11th and 12th in the N.S. Wadia Junior College, Pune and Graduation from the Savitribai Phule Pune University. All along, her father was at the place where she took education.
7. In catena of Judgements, the H
A child of a forward caste father must demonstrate deprivation and upbringing solely by the mother from a backward community to qualify for a caste certificate based on the mother's status.
The presumption of caste inheritance from the father is strong but not conclusive; genuine circumstances must support claims for caste certificates.
The presumption of caste based on the father's status is strong but can be rebutted if the child proves they were raised solely by the mother from a backward community.
In peculiar circumstances, the record of the mother pertaining to her social status concerning her caste, could be the basis of issuing the caste certificate to a child who is reared as a child of a ....
The insistence on pre-1950 records for caste verification is contrary to established legal principles, particularly the Supreme Court's guidelines.
Cancellation of a caste certificate should be based on a detailed enquiry and the claimant should be granted necessary opportunity to prove their claim.
The central legal point established in the judgment is that a person with a case based on falsehood has no right to approach the Court, and knowingly producing fabricated and fraudulent documents to ....
Validity of OBC certificate, importance of caste certificates bearing the name of the parent, and inapplicability of reservation benefits through marriage
The requirement of a caste certificate bearing the name of the parent to verify the actual caste of the candidate at the time of birth is essential for claiming reservation benefits.
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