Geeta Dattatray Achari vs State Of Maharashtra And Ors
2022 Latest Caselaw 13065 Bom

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                                                           32. WP.14840.2022.doc



         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              APPELLATE SIDE CIVIL JURISDICTION

                 WRIT PETITION NO. 14840 OF 2022

Geeta Dattatray Achari                    ....PETITIONER
     V/S
State Of Maharashtra & Ors                ....RESPONDENTS

Mr. Vaibhav Kulkarni a/w. Adv. Ruturaj Bathe & Adv. Ashish Sawant, Adv. Deepak Pote, Adv. Shrirang Katneshwarkar for Petitioner Mr. V. M. Mane, AGP for respondent nos. 1 to 3-State

CORAM : NITIN W. SAMBRE & SHARMILA U. DESHMUKH, JJ

DATED : 15th DECEMBER, 2022 P.C.:

1. Heard.

2. This petition is by mother of the adopted son viz. OM

questioning the order impugned passed by the Schedule Tribe

Caste Scrutiny Committee.

3. Vide order impugned, the petitioner-mother and her husband

who have adopted son viz. OM was refused caste certificate as

belonging to their own caste viz Sali cast (Special Backward

Class).

4. Our attention is invited to the order of the District Judge,

Pune whereby in the proceedings in MA No. 473 of 2014 minor

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son - OM was permitted to be adopted with following directions:

1. The application is allowed.

2. It is hereby declared that the birth date of male minor Om Dattatray Achari is 5/2/2010 at Pune (Maharashtra State).

3. It is hereby declared that proposed adopters Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari are adoptive parents of male minor Om, henceforth wished to be named as Om Dattatray Achari.

4. It is hereby declared that minor Om, henceforth named as Om Dattatray Achari shall have all legal rights including right of inheritance as that of a natural born child of proposed adopters Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari.

5. It is hereby directed to the Municipal Corporation, Pune to issue birth certificate of minor Om, henceforth wished to be named as Om Dattatray Achari by showing the proposed adopted Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari as a parents of the said child.

6. Proposed adopters Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari shall take suitable Life Insurance Policy having the face value of Rs.1,00,000/- (Rupees One Lacs) in the name of minor Om, henceforth wished to be named as Om Dattatray Achari under their guardianship.

7. Proposed adopters Mr. Dattatray Waman Achari and Mrs. Geeta Dattatray Achari shall also invest the amount of Rs.1,000/- (Rupees One thousand) per month in the recurring deposits in any Nationalized Bank, in the name of minor Om, henceforth wished to be named as Om Dattatray Achari, till he attains age of majority under their guardianship.

8. Proposed adopters shall submit progress report of

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the child at the interval of every three months for the first two years and then at the intervals of every six months for next five years.

9. Proposed adopters shall submit xerox copies of papers of investments to this Court within three months from the date of this order.

10. Proposed adopters shall pay Rs.1,000/- (Rupees one thousand) to ICSW, Pune, towards expenses.

11. Record and proceedings be preserved in sealed condition."

5. Admittedly the husband of the petitioner viz. Mr. Dattatray

Waman Achari holds caste validity as that of belonging to Sali

which is included in the Special Backward Class in the State of

Maharashtra.

6. The fact remains that since the son - OM was adopted from

the orphanage, the birth certificate so also other documents does

not contain the caste.

7. In this background, learned counsel for the petitioner

drawing support from the Division Bench judgment of this Court

in the matter of Dr. Sonal Pratapsingh Vahanwala vs. Deputy

District Collector (Encroachment) Daravi Division and

others reported in (2022) 4 Mah LJ 221 would urge that the son

of the petitioner viz. OM should have been granted same caste

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and as such, he is entitled for issuance of caste certificate.

8. There appears to be substance in the submissions made by

the learned counsel for the petitioner.

9. In view of above, issue notice to the respondents for final

disposal. Learned AGP waives for respondent nos. 1 to 3.

10. We direct learned AGP to file reply in the matter, if so

required within four weeks. This Court is of the view that the issue

is prima facie covered by the judgment in the matter of

Rameshbhai Dabhai Naika vs. State of Gujarat reported in

(2012) 3 SCC 245.

11. Stand over to 08/02/2023.

12. Until further orders we direct that there shall be no coercive

action in regard to the recovery of fees by the education

institution as prima facie this Court is satisfied that the son of the

petitioner is entitled for cast certificate.

                                 (SHARMILA U. DESHMUKH, J)             (NITIN W. SAMBRE, J.)
        Digitally signed
ANANT   by ANANT
KRISHNA KRISHNA     NAIK
        Date: 2022.12.17
NAIK    15:52:54 +0530




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