Bombay High Court
Tamesh S/O Dipali Bhave, Thr. ... vs Divisional Caste Certificate ... on 4 May, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
71-WP2221.23-J.odt
1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2221 OF 2023
Petitioner Tamesh S/o Dipali Bhave, aged about 17 years,
minor, through natural guardian mother namely
Dipali D/o Dipchandra Bhave, Aged about 49
years, Occu. - Service, R/o. Plot No.158, Matru
Krupa, Vishram Nagar, Nari Ring Road, Upalwadi,
Nagpur - 440026.
Mobile No. 9421777465.
-Vs.-
Respondents 1. Divisional Caste Certificate Scrutiny Committee,
Gondia, through its Chairman Dr. Babasaheb
Ambedkar Samajik Nayay Bhavan, Behind
Collector Office, Gondiya -
E-mail:- [email protected]
2. Sub-Divisional Officer, Room No.11, First Floor,
New Administrative Building Jaistamb Chowk,
Gondiya -
E-mail :- [email protected]
--------------------------------------------------------------------------------------------------------
Mrs. S.W.Deshpande, counsel for the petitioner.
Ms N.P.Mehta, AGP for the respondents.
--------------------------------------------------------------------------------------------------------
CORAM : A. S. CHANDURKAR &
M.W.CHANDWANI, JJ.
DATE : 4TH MAY, 2023
ORAL JUDGMENT (PER : A.S.Chandurkar, J.)
Rule. Rule made returnable forthwith. The petition is heard
finally.
KHUNTE
71-WP2221.23-J.odt
2. The petitioner seeks issuance of the caste certificate on the basis
of the documents of his mother. The parents of the petitioner were married
on 26/09/2004. The petitioner was born on 16/07/2005. The parents
separated in April, 2006 when the petitioner was about 9 months old. The
marriage of the parents has now been dissolved by virtue of a decree of
divorce dated 05/03/2013. Despite these facts, the petitioner's request for
issuance of caste certificate of belonging to 'Mahar' Scheduled Caste has
been rejected by respondent No.2-Sub-Divisional Officer, Gondia on the
ground that the documents furnished were only of his mother and not of his
father. The appeal preferred by the petitioner has also been turned down on
19/03/2023.
3. We have heard the learned counsel for the parties and perused
the documents on record. Considering the fact that the parents of the
petitioner separated shortly after he was born, which is followed by a decree
of divorce, we find that the ratio of the decision of the Hon'ble Supreme
Court in Rameshbhai Dabhai Naika v. State of Gujrat and others , reported in
(2012) 3 SCC 400 as well as the order passed in Writ Petition No. 8381 of
2019 on 27/06/2022 (Ku.Avanti Malti Upadhye v. District Caste Certificate
Scrutiny Committee, Wardha) would be applicable. We also note that the
petitioner's mother has been issued a validity certificate on 23/05/2013.
4. In view of the aforesaid, the following order is passed.
(1) The order dated 23/02/2023 passed by respondent No.1-Sub-
Divisional Officer, Gondia as well as the order dated 19/03/2023
KHUNTE
71-WP2221.23-J.odt
passed by respondent No.1-Scrutiny Committee are set aside.
(2) The respondent No.2-Sub-Divisional Officer shall reconsider the
petitioner's application for issuance of caste certificate based on
the documents of his mother.
(3) To enable the consideration of the aforesaid, the petitioner along
with his guardian shall attend the office of the respondent No.2-
Sub-Divisional Officer on 09/05/2023. Within a period of 15
days from that day, the learned Sub-Divisional officer shall
consider all the relevant documents and take a decision in the
matter of issuance of caste certificate.
5. In view of above, the writ petition is disposed of.
6. Rule accordingly. No costs.
7. Authenticated copy of the judgment be furnished to the parties.
(M.W.CHANDWANI, J) (A.S.CHANDURKAR, J)
KHUNTE
