Bombay High Court
Anchal D/O Bharati Badwaik vs The District Caste Scrutiny Committee, ... on 8 April, 2019
Author: Sunil B. Shukre
Bench: Sunil B. Shukre, Pushpa V. Ganediwala
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR
Writ Petition No. 4905 of 2018
Petitioner : Anchal d/o Bharati Badwaik, aged about 19 years,
Student, resident of Ganjipeth, Gandhi Chowk, Near
Shitla Mata Mandir, Nagpur
versus
Respondents : 1) The District Caste Scrutiny Committee,
Nagpur, through its President, Samajik Nyay Bhavan, B-Wing, 2nd floor, In front of Govt. ITI, Shraddhanand Peth, Dikshabhoomi Road, Nagpur
2) The Collector, Nagpur
3) The State of Maharashtra, Directorate of Medical Education and Research, through its Dirtector, Govt. Dental College and Hospital Building, St. Geoge's Hospital Compound, Near V. T. Mumbai
4) Shri Vasantrao Naik Government Medical College, through its Dean, Yavatmal ::: Uploaded on - 16/04/2019 ::: Downloaded on - 05/04/2020 23:37:25 ::: 2 Ms Kirti Satpute, Advocate for petitioner Ms T. Udeshi, Asst. Govt. Pleader for respondents no. 1 to 3 Respondent no. 4 served Coram : Sunil B. Shukre & Smt Pushpa V. Ganediwala, JJ Dated : 8th April 2019 Oral Judgment (Per Sunil B. Shukre, J)
1. Rule. Heard forthwith by consent of parties present before the Court.
2. This is a case wherein the petitioner seeks recognition to her social status not in relation to the social status of her father, but in relation to the social status of her mother. Petitioner's father belongs to the caste Mahar, a scheduled caste and whereas her mother belongs to the caste Teli which falls in the category of Other Backward Classes. The Scrutiny Committee vide its decision dated 6 th July 2017 has declined to issue caste certificate to the petitioner as she belonging to the caste Teli, Other Backward Class. It has held that the caste of a person is known by the caste of his/her father and, therefore, documents in relation to the father or father's side have to be produced and with liberty to the petitioner to do so, the Committee has disposed of the caste claim of the ::: Uploaded on - 16/04/2019 ::: Downloaded on - 05/04/2020 23:37:25 ::: 3 petitioner.
3. Patriarchy is a social system that prevails in major part of India. Our society has not adopted matriarchal society including the matrilineal system barring a few sub-systems within and the area into which the petitioner belongs admittedly follows patriarchy. But, now the winds of change have arrived. Out Constitutional order based on equality, justice and brotherhood has announced it. We treat male and female equally. So, the ancient notions of the society in this age of gender equality and prohibition against the discrimination based upon gender identity cannot be allowed to continue. It has been held by the Hon'ble Supreme Court in Rameshbhai Dabhai Naika v. State of Gujarat & ors (Civil Appeal No. 654 of 2012, decided on 18 th January 2012 that generally the child belongs to father's caste. However, the child can claim the mother's caste also in certain cases. In Ms Madhavi Ramteke & anr v. State of Maharashtra & ors (WP No. 2342 of 2018, decided on 12th September 2018), the Division Bench of this Court in similar facts and circumstances, set aside the order of Scrutiny Committee and remitted the matter back with direction to the Committee to reconsider the caste claim of the petitioner therein on mother's side.
4. Accordingly, writ petition is partly allowed. Impugned order is hereby quashed and set aside and the matter is remitted back to respondent no. 1 Scrutiny Committee for its fresh consideration in ::: Uploaded on - 16/04/2019 ::: Downloaded on - 05/04/2020 23:37:25 ::: 4 accordance with law. Respondent no. 1 Committee shall scrutinize the claim of the petitioner as she belonging to "Teli" caste through her side of mother and the verification of such claim shall be carried out in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance And Verification Of) Caste Certificate Act, 2000 and the Rules framed thereunder. Respondent no. 1 Committee shall permit the petitioner to file on record documents and additional affidavit in support of her caste claim. The whole verification process and adjudication of caste claim of the petitioner shall be done as expeditiously as possibly, preferably within six months from the date of receipt of this order.
5. Rule is made absolute in the above terms. No costs.
SMT PUSHPA V. GANEDIWALA, J SUNIL B. SHUKRE, J
joshi
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