Prabhat Urwashi Madavi Minor Thr. ... vs State Of Maha., Thr. Secretary, ...
2023 Latest Caselaw 4355 Bom

  Judgment                              1                       967-W.P.No.1849.2023.odt




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

                          WRIT PETITION NO. 1849 OF 2023


          Prabhat Urwashi Madavi,
          Aged about 17 years, Occupation - Student,
          Minor through natural guardian
          mother Urwashi Dhanraj Madavi,
          Aged about 43 years,
          Occupation : Service as Teacher,
          R/o. Arjuni Tukum, Tah. Warora,
          District - Chandrapur - 442907.
                                                               .... PETITIONER

                                   // VERSUS //

 1)       State of Maharashtra,
          through its Secretary,
          Social Justice and Special Assistance
          Department, Mantralaya,
          Mumbai-32.

 2)       The Sub Divisional Officer, Warora,
          Tah. Warora, District - Chandrapur.
                                               .... RESPONDENTS

______________________________________________________________ Mr. Ram Karode, Advocate assisted by Mr. M.V. Rai, Advocate for petitioner.

Mr. A.A. Madiwale, Assistant Government Pleader for respondent Nos.1 and 2.

______________________________________________________________

CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI, JJ DATED : APRIL 27, 2023

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

1. Rule. Rule made returnable forthwith and heard learned

Counsel for the parties.

Judgment 2 967-W.P.No.1849.2023.odt

2. The challenge raised in this petition is to the order dated

05.10.2022 that has been passed by the Sub-Divisional Officer, Warora,

District Chandrapur refusing to issue tribe certificate to the petitioner

in the name of his mother.

3. The parents of the petitioner who were married on

13.05.2003, separated pursuant to decree of divorce by mutual consent

under Section 13 (B) of the Hindu Marriage Act, 1955. This decree

was made effective from 05.08.2009. The petitioner claims that since

his birth on 15.05.2005, he has been residing with his mother. When

the petitioner sought issuance of caste certificate belonging to "Gond"

Scheduled Tribe based upon the documents of his mother, the said

request was refused by the Sub-Divisional Officer.

4. The learned counsel for the petitioner has referred to the

judgment of the Hon'ble Supreme Court in Rameshbhai Dabhai Naika

Vs. State of Gujrat and Others, (2012) 3 SCC 400 as well as order

passed in Writ Petition No. 8381/2019 on 27.06.2022 (Ku. Avanti

Malti Upadhye Vs. District Caste Certificate Scrutiny Committee,

Wardha). It is submitted that on these counts the mother's documents

could be considered for issuance of caste certificate. The petitioner's

Judgment 3 967-W.P.No.1849.2023.odt

mother has been issued validity certificate of belonging to "Gond"

Schedule Tribe.

4. The learned Assistant Government Pleader submits that it

would be necessary to consider the documents of the petitioner's father

while issuing the caste certificate. However, he does not dispute the

decisions on which reliance is placed by the learned counsel for the

petitioner.

5. In these facts, we find that the parents of the petitioner

having separated and the petitioner, a minor, is residing with his

mother, it would be necessary for the Sub-Divisional Officer to consider

the petitioner's request for issuance of tribe certificate by referring to

the documents of his mother.

6. In light of the judgment of the Hon'ble Supreme Court in

Rameshbhai Dabhai Naika (supra), the following order is passed :

(i) The order dated 05.10.2022 passed by the Sub-Divisional

Officer, Warora, District Chandrapur is set aside.

(ii) It is directed that the documents submitted by the

petitioner with regard to his mother shall be considered for

Judgment 4 967-W.P.No.1849.2023.odt

the purpose of issuance of tribe certificate. To enable the

Sub-Divisional Officer to consider such request, the

petitioner through his guardian shall attend the Office of

Sub-Divisional Officer on 03.05.2023.

(iii) Since the petitioner seeks to pursue further education, the

Sub-Divisional Officer shall within a period of fifteen days

from that day consider the said request and take necessary

decision in the matter on issuance of tribe certificate.

Needless to state that such certificate would be subject to

verification if the same is to be relied upon for the further

purposes.

7. The Writ Petition is disposed of in aforesaid terms. Rule

accordingly. No costs.

(M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.)

Kirtak