Gauri D/O Manda Ganthade Through ... vs The District Caste Scrutiny ...
2022 Latest Caselaw 1684 Bom

31.WP2893.21(j)                                                                                            1/3

                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              NAGPUR BENCH, NAGPUR.

                                  WRIT PETITION NO. 2893/2021

                Gauri d/o Manda Ganthade,
                Aged about 16 years, Occ.-Student,
                as the petitioner is minor thus through its
                natural guardian i.e. mother Manda d/o Ramdas Ganthade,
                Aged about 45 years, Occ.-Service,
                R/o. Plot No.122, Radhakrishna Nagar,
                Hudkeshwar Road, Ashirward Nagar,
                Nagpur-440 024.
                                                        ....... PETITIONER

                                ...V E R S U S...

1]              The District Caste Scrutiny Committee, Yavatmal,
                through its President Office at
                Dr.Babasaheb Ambedkar Social Justice Bhavan,
                Kalaswadi Camp, Daravha Road, Yavatmal.

2]              The Collector, Yavatmal,
                Office at Civil Lines, Yavatmal.
                                                                         ....... RESPONDENTS

--------------------------------------------------------------------------------------------------------------------
Shri Alok Daga, Advocate for petitioner.
Ms. H.N.Jaipurkar, Assistant Government Pleader for respondents.
--------------------------------------------------------------------------------------------------------------------

                CORAM : A.S.CHANDURKAR and G.A.SANAP, JJ.

DATE : 18th FEBRUARY, 2022.

ORAL JUDGMENT (Per A.S.Chandurkar, J.)

Rule. Rule made returnable forthwith. Heard thelearned counsel for the

parties.

31.WP2893.21(j) 2/3

2. The petitioner seeks to avail benefits on the basis of caste of her mother.

This is for the reason that shortly after the petitioner's birth on 24.09.2004, there

were dispute between her parents after which the petitioner has been brought up by

her mother. It is the further case of the petitioner that her mother has been issued

validity certificate of belonging to 'Kunbi' Other Backward Class (OBC). The request

made by the petitioner for issuance of caste certificate was not accepted by the Sub-

Divisional Officer, Yavatmal on the ground that the documents furnished by the

petitioner were that of her mother and not of her father. The petitioner has thus

approached this Court praying that the Authority be directed to issue a caste

certificate to the petitioner on the basis of documents of her mother.

3. We have heard the learned counsel for the petitioner as well as the

learned Assistant Government Pleader for the respondents, who has relied upon the

affidavit in reply filed by the respondent no.1. It is seen that a similar issue has been

considered by this Court in Writ Petition No.1737/2018 (Ku.Noopur d/o Prashant

Ambre Vs. The Schedule Tribe Caste Certificate Scrutiny Committee,Amravati and

another) wherein it was held that it would be permissible to seek issuance of caste

certificate on the basis of documents of the mother.

4. We find that the ratio of the aforesaid decision would be applicable to the

case in hand. It is however submitted by the learned Assistant Government Pleader

that all the necessary documents would have to be submitted by the petitioner to the

competent Authority which is the Sub-Divisional Officer for issuance of caste

certificate. Thereafter the petitioner can seek validity of that caste certificate, if it is

issued.

31.WP2893.21(j) 3/3

5. Accordingly, the following directions are issued:

(1) The petitioner is permitted to make a fresh application for grant of caste

certificate by relying upon the documents of her mother. Such application is made to

the competent Authority which is the Sub-Divisional Officer, Yavatmal.

(2) The application if made shall be considered by the Sub-Divisional officer

in accordance with law. Thereafter if the caste certificate is issued, the petitioner can

seek verification of her caste claim for issuance of validity certificate in accordance

with law.

Rule is made absolute in aforesaid terms. No costs.

                          (G.A.SANAP, J.)                     (A.S.CHANDURKAR, J.)




             Andurkar..




Digitally Signed byJAYANT S
ANDURKAR
Personal Assistant
Signing Date:
18.02.2022 19:17